change of status after applying H1b

[gowri78]

Hi,

I stay in USA. I applied H1B in March ending 2008 . As I was travelling to India in march endingl, my employer applied my application of H1b as if Iam in India.

Now i have been selected in the H1b lottery. So my question is

1) And as my husbands h1 has expired in september 2007, i have to go for H4 stamping in India for going to USA. Will there be any problem in my H4 stamping while my H1b is pending.

2) If i get my H4 stampped Can I travel to USA in august or july, will there be any problem in Port of entry because of my change in status of H4 to H1. because i travelled to India in H4 status

3) Is there any chance of getting my H1B also stampped in India in July or August after getting my papers from my lawyer.

Please answer anyone.
Thanks

[DMX17]

1) No problem.

2) What change in status are you talking about? There is no change in status. You can enter on H4 status with a valid visa.

3) You can go for H1 stamping if the U.S. Consulate in India allows new H1 interviews in July/Aug. Check with them. If you do so and you want to enter on H1 status, you can only enter 10 days before Oct 1st.