H4 and H1 Query...pls help

[pvreddy7]

I am currently on H4 visa(valid till 2014) came to US in Sep 12...I have got a employer who is filling my h1 in premium process in Dec 12(i am eligible to apply now as i come under cap exempt)..

I have got the following query pls respond asap

1)If i go back to India before my petition gets approved for some reason .....and I plan to come back to USA once the petition is approved......what will be my status...?

Do I need to go for stamping and then enter USA on H1 B ?

Or

Can I enter USA on H4 visa and then use my approved petition to work is it possible..?

Please tell me the diferent possibilities.....?

Thanks a lot

[raghvi]

I am currently on H4 visa(valid till 2014) came to US in Sep 12...I have got a employer who is filling my h1 in premium process in Dec 12(i am eligible to apply now as i come under cap exempt)..

I have got the following query pls respond asap

1)If i go back to India before my petition gets approved for some reason .....and I plan to come back to USA once the petition is approved......what will be my status...?

Do I need to go for stamping and then enter USA on H1 B ?

Or

Can I enter USA on H4 visa and then use my approved petition to work is it possible..?

Please tell me the diferent possibilities.....?

Thanks a lot

Dont travel while your COS to H1 is pending with USCIS. Look at it this way, you are currently asking USCIS that you have an H4 with I-94 number XYZ and you want to shift to H1. Then you leave US submit the I-94 at the port of Exit. When you return to US on H4 your I-94 has changed to new number ABC. In the meantime if your COS gets approved you would get a new I-94 associated with the H1. So you end up with two I-94s which can give rise to confusion later on. If you absolutely need to travel either file COS after returning or attend visa interview get H1 stamped and enter US on H1 on H1 I-94.

This is my opinion not legal advice.

This is my opinion not legal advice.

[pvreddy7]

Dont travel while your COS to H1 is pending with USCIS. Look at it this way, you are currently asking USCIS that you have an H4 with I-94 number XYZ and you want to shift to H1. Then you leave US submit the I-94 at the port of Exit. When you return to US on H4 your I-94 has changed to new number ABC. In the meantime if your COS gets approved you would get a new I-94 associated with the H1. So you end up with two I-94s which can give rise to confusion later on. If you absolutely need to travel either file COS after returning or attend visa interview get H1 stamped and enter US on H1 on H1 I-94.

This is my opinion not legal advice.

This is my opinion not legal advice.

Thanks a lot raghvi..But i have got one more query...

Say I am here till my H1 petition got approved and have gone back to India after that immediately ...So can i enter US on my H4 visa without attending a visa interview on H1 ....and use the approved petition to work once i enter here is it possible...or do i have any problem in POE....?
what will happen If we have two valid I 94's ...?