H4 to H1

[padia_rupa]

I am in US on H4 visa and I have got my H1B approval. I need to go to India to get H1B stamped / conselor approval (for I-94) whenever I get project. There are possibilities that:

1. I don't get conselor approval. In this case, will my H4 remain continued and can I come back to US on H4?

2. I get conselor approval and I try to enter US on H1B. Recently a lot of H1B visa holders were asked to return back to India at the port of entry in US. If this happens to me can I enter US on H4 visa?

3. Will my H4 remain valid while having H1B?

Appreciate any guidance on this.

[shervin143]

1. I don't get conselor approval. In this case, will my H4 remain continued and can I come back to US on H4?
>>> Most cases they will leave the H4 as such. But this depends on the VO. Sometimes they cancel the H4 is there is a valid reason to do so.

2. I get conselor approval and I try to enter US on H1B. Recently a lot of H1B visa holders were asked to return back to India at the port of entry in US. If this happens to me can I enter US on H4 visa?
>>> That was just one time recently. carry all the required documents and you should be fine.

3. Will my H4 remain valid while having H1B?
>>> See ans. 1.

[kalyanverma]

Yes, No, No

Answers in Bold

1. I don't get conselor approval. In this case, will my H4 remain continued and can I come back to US on H4?
Yes

2. I get conselor approval and I try to enter US on H1B. Recently a lot of H1B visa holders were asked to return back to India at the port of entry in US. If this happens to me can I enter US on H4 visa?
No

3. Will my H4 remain valid while having H1B?
No, your H4 will be void as soon as you get a H1B

Now, I have a question:
Was your case a COS? i.e, did you receive an I94 along with your H1B approval notice (I797)?

[padia_rupa]

No I94

Now, I have a question:
Was your case a COS? i.e, did you receive an I94 along with your H1B approval notice (I797)?

No, I have not received I94 with I797 because I applied for H1B from India, so my consulate is Mumbai. And then I came here on H4.

[kalyanverma]

You need to get H1B stamped

You can't start your work. The only solution is, you have to leave the country and get it stamped at the consulate mentioned in your H1B approval notice. Re-enter US with valid H1B visa and I-94 with H1 status. Since you have applied when you are not in USA, this is not a change of status from H4 to H1.