have approved H1b. Want to enter on h4

[vm6580]

I came to US on a L1. While on L1, a petition to change from L1 to H1b was filed for me. It got approved. However it got approved in October end and my L1 project ended just then. So I had to return to India.

Now I want to enter US on a h4 (my wife has a h1). And then start on by approved H1b after 2 months as I need to look after my son for 2 months

My questions are
1. if I get a H4 visa, will it cancel my h1b or not?
2. If my H1b is not cancelled, and when I want to start working on my h1b, Can I do that without coming back to India?

[sk4ih]

1. No
2. Yes. File for change of status, from H4 to H1.

[vm6580]

ok.

On thing I forgot to mention is that I have not got the H1-b stamped yet. I just have the 797A.

In this case also, my applying and entering into US on h4 does not affect my H1b?
And after 2 months of entering into US on h4 (say by april) I can start working on my h1b?

[shervin143]

On thing I forgot to mention is that I have not got the H1-b stamped yet. I just have the 797A.

In this case also, my applying and entering into US on h4 does not affect my H1b?
>>> The petition remains valid until the expiry date on the petition (Unless revoked by the employer)

And after 2 months of entering into US on h4 (say by april) I can start working on my h1b?
>>> Did you read the previous reply? Your employer need to file for COS from H4 to H1B. You can work only if the COS to H1B gets approved.