Travel on H4 during H1 processing

[vinasi]

Hi Guys,

I have a H4 visa, the company I am currently working for in India is ready to sponsor a h1 visa this April 2011, would I be able to travel US on H4 visa in the month of April while my h1 is being processed.??

[shervin143]

Yes. Once H1B is approved, you will have to leave U.S and return back on H1B visa to work in H1B status. Alternatively, you can ask you employer to file the H1B after reaching U.S in H4 status and file the H1B as a COS from H4. That way, upon approval, you can immediately start working for the H1B employer as of the H1B effective date.