Came to US on H1, went back to India and came back on H4.

[shellym]

I came to US on H1 visa and went to India for 2 months and when I wanted to come back to US, my employer wanted me to stay back in India. Since my wife was in US on H1, I came back to US on H4 visa. I have H4 visa stamp in my passport. My H1 is expiring on Sep 2011. Now can I apply for COS (change of status) from H4 to H1? How will I know that my H1 visa is still valid?

Thanks !

[shervin143]

Visa doesn't matter when you are already inside U.S. If the COS to H1B gets approved with a new I-94, then you can start working for the employer who filed your COS petition. Status of the petition can be checked in the http://www.immihelp.com/timings/tracking.jsp.