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Currently im working on H4 EAD and this year i received my H1b Approval (via lottery). When we applied the h1b we also requested for Automatic COS from H4 to H1. After approval was received, I traveled to India for a month and now im back to USA on H4 and im still working. My question is : Because i traveled to India after h1b was approved, am i still eligible for Automatic COS on Oct 1 from H4 to H1. My attorney advised me that since we did not receive any notice from USCIS after i departed from USA therefore my visa will automatically change from H4 to h1 on Oct1. I read some blogs which says that i need to travel outside USA to get it stamped . please advise, Thank you.
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