Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Travelling to India on unexpired H4 currently on H1

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Travelling to India on unexpired H4 currently on H1

    I came to USA on H4 visa which expires in 2012 and currently on H1 and working at client location. I have an emergency and need to travel to india and also my project is coming to end in 4-5 weeks. Instead of going to H1 stamping can i enter USA on my H4 visa as i would like to take break anyway for some time or i need to go to stamping to consulate either for H1 or H4.

    Suppose if i go to stamping for H1 and if it rejects can i still enter US on my unexpired H4 visa. Any help is appreciated.

  • #2
    I came to USA on H4 visa which expires in 2012 and currently on H1 and working at client location. I have an emergency and need to travel to india and also my project is coming to end in 4-5 weeks. Instead of going to H1 stamping can i enter USA on my H4 visa as i would like to take break anyway for some time or i need to go to stamping to consulate either for H1 or H4.
    >>> If your current H4 visa in the passport is still valid by the time your return, then you can enter in H4 visa (If not, you will need to get the H4 stamped again). However, you cannot work if you enter in H4 visa. Whenever you decide to work, the employer will need to file a COS from H4 to H1B again or you will have to leave the country and re-enter in H1B visa.

    Suppose if i go to stamping for H1 and if it rejects can i still enter US on my unexpired H4 visa.
    >>> It depends on whether the H4 is cancelled when you go for the H1B stamping or not. If they cancel the H4, then you have to get the H4 stamped again.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank You very much for feedback. How long does it take to do COS from H4 to H1 once back from india. Is there any Premium Processing to do it. Also can i start working once i get receipt number and do i need to provide Client letter or any contract documents to prove that i have a job.
      Last edited by san3297; 05-30-2011, 05:55 PM.

      Comment


      • #4
        How long does it take to do COS from H4 to H1 once back from india. Is there any Premium Processing to do it.
        >>> 2-3 months by normal process and 15 days by premium.

        Also can i start working once i get receipt number
        >>> You cannot. Your status should change from H4 to H1B for you to work. It happens only when the H1B petition gets approved with a new I-94.

        and do i need to provide Client letter or any contract documents to prove that i have a job
        >>> Of course. You cannot file your own COS to H1B. It has to be filed by your employer. If your employer is a consultancy company, then the client letter and the contract between all the layers are necessary.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X