H4-h1

[smarty26]

I am on H4,applied for H1 this year(2009),got approved,so I can start working from oct ,but i need to travel to India this August,

If I return back on H4 ,without going for H1 stamping in India , can I change my status to H1 after coming back.

[kabkaba]

If the H1 petition was automatic COS, then even if you return before October on any other status, your status will change to H1. But, just to avoid any confusion and unnecessary problem, get it stamped and enter using that visa.

[smarty26]

Thanks for your reply.
My visa expires on 10 sep. Can I return back before 10 sep without going for either H4 or H1 stamping in India and apply for COS to H1 ?

After 10 sep what will be my status?

[kabkaba]

COS to H1 can take time and your previous automatic COS may still be active. All this is gray area. So better get H1 stamped after and enter After Sep 21.