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  • Dilemma travelling to India

    Hi,
    I came to US on H4 visa in 2007 march, which got expired, my husband got approved of new H1 extension and dont have stamping on that. Basing on my husband's new H1, I got new H4 approved but dint get stamping done. and this year I got H1 and valid from Oct, I also got SSN too. My question is i need to go to India in Nov last week. I dint get any job yet. My questions are :
    On which visa is it safe for me to travel to India, on H4 or H1. ?

    Since my husband H1 is not stamped yet, is it safe for me to go for H4 stamping in India?

    Is it safe to go for stamping on H1 in India. I think its tough for me? since its only 2 months after valid H1..

    If i go on H4, and aftr coming back do I need to apply for new H1(lottery system etc) or my H1 is valid?
    What i need to do to come to valid H1 status again?

    Your early answers will be appreciated.

    Thanks inadvance
    Last edited by ReddyJ; 10-31-2008, 12:52 PM.

  • #2
    By getting H1 you mean you got your petition approved and you were supposed to start working from Oct 1. So by having no job you mean your employer hasn't placed you with a client yet? Is that correct?
    If you don't have a project and paychecks etc. you cannot go for H1 but you can go for H4 visa stamping, enter in that status but will not be able to work.
    Don't know if you will be exempt from lottery next year if you find a job.
    Last edited by kabkaba; 10-31-2008, 02:38 PM.
    This is my opinion and not legal advice.

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    • #3
      You dont need a visa to travel to India.
      You need to choose what status you want to be when you reenter US.
      You have been accumulating out of status period since 01OCT. Chances of H1 stamping has already been jeopardized.
      You do not need to go through lottery again.

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      • #4
        Did the employer apply for H1 with COS from H4 to H1 ?
        If you don't know, please ask your employer.

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        • #5
          yes i changed from H4 to H1 status

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