H4 to H1 - visa stamping related issue

[ssj]

Hi!
I couldnt find any post that could give an answer to my query so I started a new thread.
I am currently on h4 visa. I had applied for H1B visa in April 2008 and I made it through the lottery.I got the receipt for the cheque but I am still waiting for my H1B approval notice. I am planning to go to India in June for one month. My question is:
1) Can I travel to India on H4 visa? What if my approval notice comes while I am in India then do I need to get stamping done for H1 visa or can i still come back to US on H4 visa without any stamping?
2) I came to US in June 2007 on H4 visa while my husband was with company A. In July 2007 my husband got H1 transfer to company B while we still have our visa stamping on our passports with company A. If we travel to India in June 2008 for a month, do we need to get visa stamping done again now that he is with company B?

Thanks!

[txh1b]

You did not find a similar post? You must be kidding!

[ssj]

Well, I did for query #2 but not for #1. Not sure if the situation was the same as mine. Its better to clarify things rather than assuming. Is it too much trouble to reply again?

[txh1b]

Is it too much trouble to reply again?

Would have answered. Just because you mentioned that you could not find any, did not.

Here you go!

http://www.immihelp.com/forum/showthread.php?t=42607

http://www.immihelp.com/forum/showthread.php?t=42507

When asking for help on the forum, the least you can be is polite rather than demanding.

[ssj]

Thanks for your reply but the confusion remains because my situation is not quite the same. In my case both case 1 & 2 apply.
Anyways, didnt mean to be impolite or demanding. Its just that we write on this forum to get advice/help from experts such as you and its disappointing when our questions remain unanswered.

No worries....thanks!

[txh1b]

You seem to be paranoid about your situation. Anyway, instead of going back and forth, I have a custom answer just for your questions and specific scenario. Happy?

1. Yes, you can travel on H4. Even if H1 is approved while you are outside US, you can return on H4 without any H1b stamping. Once you decide to be on H1b status (note that COS is abandoned if you travel before approval of H1b), you need to have your employer file an amendment for COS again to remain in US and change to H1b or get a H1b stamp and re-enter.
2. No

Cheers!

[ssj]

I guess anyone who wouldnt get their queries answered straight would get paranoid here.