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Travel on H1 or H4 from US to India

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  • Travel on H1 or H4 from US to India

    Hi,

    I have a valid H4 stamp till Nov this year. I have H1 approved also through which i am currently employed. I do not have H1 stamp as i have not travelled out of country after getting H1 approved. When i travel to India , if i need to go for H1 stamping i need to have client letter and my client is not willing to give any letter. Is it possible if i could just travel on H4 itself as the stamp is still valid and come back on H4 and later do change of status to H1?

    I do not have to go for H4 stamping as the stamp is still valid but would it be a problem at Port of Entry as they would have a record that i had already done a change of status from H4 to H1 when i got my H1 approved and now i am travelling back to the country on H4. Does it make sense?
    And what documents do i need to show at Port of Entry when i am coming back on H4.

    Please help me as i need to travel in the next 2 weeks to India.

  • #2
    I have a valid H4 stamp till Nov this year. I have H1 approved also through which i am currently employed. I do not have H1 stamp as i have not travelled out of country after getting H1 approved. When i travel to India , if i need to go for H1 stamping i need to have client letter and my client is not willing to give any letter. Is it possible if i could just travel on H4 itself as the stamp is still valid and come back on H4 and later do change of status to H1?
    >>> Yes, you cand o that.

    I do not have to go for H4 stamping as the stamp is still valid but would it be a problem at Port of Entry as they would have a record that i had already done a change of status from H4 to H1 when i got my H1 approved and now i am travelling back to the country on H4. Does it make sense?
    >>> Not an issue. Juts bacuse you have a valid H1B petition, it doesn't mean that you should use that. What is the job is unavailable at that time?

    And what documents do i need to show at Port of Entry when i am coming back on H4.
    >>> The same set of documents that you carried last time when you entered U.S in H4 status + some latest pay slips in H1B status (Just in case).
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Note that after you return in H4 status, you will not be allowed to work until change of status to H1 gets approved.
      This is my opinion and not legal advice.

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