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H4 to H1 status conversion

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  • H4 to H1 status conversion

    Hi,

    I am on H4 right now and I have got a sponsor for H1. I am planning to goto India on a short trip in May and come back by July '05. If I apply for my status conversion before I leave, can i come back to USA on my H4 or should i get my H1 stamped in india and then come to US? Please clarify.

  • #2
    Hi there,

    I had a similiar scenario and I was told that If leave US after filing for my H1 and when the H1 gets approved when I'm out of the country I HAVE TO get it stamped before entering US.
    Consult your lawyer since rules keep changing!

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    • #3
      Originally posted by AVIATOR79
      Hi,

      I am on H4 right now and I have got a sponsor for H1. I am planning to goto India on a short trip in May and come back by July '05. If I apply for my status conversion before I leave, can i come back to USA on my H4 or should i get my H1 stamped in india and then come to US? Please clarify.
      If your H4 Visa is valid you can come back to USA on your H4 visa. If your petition got approved while you are india you have to go to the consulate for the stamping. Othewise you cannot work if you reenter the US on H4. It will be better if you confirm with an attorney too.

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