H4 to H1 and now travelling to India

[sachinjn]

Hi,

I recently came to know from my employer that I am selected for the H1B petetion for this year and if everthing goes well I can start working from Oct. CUrrently, I am on my H4 visa. For some reason, I need to travel to India during the month of July and come back to US again in Sept.
Do you think will it be a good idea to travel outside the county now with my
H4 visa?
Is my H4 visa still valid as now I got selected for H1 and prob I will be receiving my I797 by July?

Thanks
Nidhi

[txh1b]

H4 visa remains active even if H1b is in the processing stage or even if it gets approved. If one has applied for COS, the status changes to H4 automatically to H1 as of October 1st if COS is approved by USCIS and the person remains in US in other valid status until then.

In your case, a travel outside US and return on H4 before the approval puts you on H4 statis and COS to H1b does not get processed. Instead, the H1b will get processed as a CP.

If you travel after the COS H1b approval, you enter before Oct 1st on H4 visa, as of Oct 1st, as per the Efren Hernandez memo (search on forum), your status will change to H1b.

[sachinjn]

H4 to H1 and now travelling to India

Hi,

Thanks for the reply.

I am not sure exactly what you mean by COS, I have heard about that but haven't thought much about it.
After talking with my employer I just found that we are waiting for the Receipt number. As per him (my employer), I should be getting that within next couple of weeks. Actually, In July, I have to go to Canada first, then come back to US and then travel to India.

SO do you think will there be any risk involved in traveling outside the country on H4 visa now as I am selected for this year H1 Quota?

Your help in this regard will be highly appreciated.

Thanks
Nidhi

[C4us]

COS is Change of Status, i.e. going from H4 to H1B without going outside the country for stamping and re-entry on new status.

Any travel outside the country while COS is pending - before you have a new I-94 with new status and start date in your hand, means that you have abandoned your application for COS.

Txh1b answered you question very directly; reread txh1b's posting to you.

Yes, there is a risk only that you will need to apply at the consulate for stamping; if you are qualified and your employer is real, any risk is minimal. You will have to appear for H1B stamping eventually if you ever want to travel out and return to the US.

[txh1b]

There is no risk to h1b processing as such due to travel. Like C4US stated, if you re-enter on H4, to get back on H1b and to start work, an amendment to change status from H4 to H1 is needed once in the US or an entry on H1b visa stamp is needed. These are the two choices available.

The forum has many similar postings, go through them.

[querys1]

I am in a similar situation. I am currently on H4 and my H1B got recently approved (effective Oct 1) along with COS. I have a few questions:

1. Is it ok if I go to India before October and come back sometime in November (with H1B stamped in India)? Since my H1B is effective Oct 1st, will I have a problem if I don't start working until November?

2. Can I apply for SSN now or do I have to wait till Oct 1st?

3. How early can I go for stamping in India? Can I do it now or do I have to wait until 10 days before Oct 1st?

I will really appreciate your help!

Thanks,

M

[txh1b]

1. No issues. You have to begin work after you return back on H1 status.
2. You have to wait till you get on H1b status i.e Oct 1st.
3. Depends on consulates. I think they allow it before 30 days but you can enter on H1 only 10 days before the start date.

[querys1]

Thanks for the reply, it really helps.
I have a few more questions:

1) Can I start working without SSN and get paid later once I receive my SSN?

2) What is recommended - I go for stamping before 1st October OR after 1st October assuming I am in India from September to November?

Thanks
M

[Preetihere]

plz help h4-h1

Hi,
Please advice on my situation.

1)I was on L1 and applied for change of status from L1 to h4.once this was approved(I just saw the approval had not recieved any docs) i had to traval to India becos of my health.

2)while in India i gt 2 know that my H1 gt approved in may end (I797 A with new I-94).
as planned i came back with h4 stamped.

does this effect my h1 which valid from 1 oct 2010 in any way as I am currenly on h4 and plz advice what needs to be done to work from 1 oct
.please help.

Thanks