Can I travel in H4 when H1 COS approved with Feb 2013 as eff date

[KrisK]

Can anyone please clarify if I can travel and return with new H4 when my H1 cos is approved recently with past date as effective date. I searched through all forums but all petitions are approved with future date and not with Past date. Hence, I couldn't find an answer and posting to experts...Please help

My case details:

Case : H4 to H1 2013 CAP approved, not working yet

1. Petition Approved: Sep 30, 2013 with new I94
2. Petition Effective from Date: Feb, 2013
3. H4 Expiry: Oct 2013
4. Travel outside US Dates: Oct 2013 to Dec 2013
5. Stamping: Get new H4 stamping in India
6. Plan: Return in H4 and apply COS to start working

Can any one please Help clarify

# 2 - Am I Out of status as petition approved on Sep 2013 with eff Feb 2013 but I haven't started working yet
# 5 - Is it ok to get H4 stamping in India when I already have H1+COS approval but dont want H1 stamped now
# 5 - Is my new H4 stamping yet to get will void petition or anything like that
# 6 - Hope I can return in new H4 and apply for COS to work

[raghvi]

Can anyone please clarify if I can travel and return with new H4 when my H1 cos is approved recently with past date as effective date. I searched through all forums but all petitions are approved with future date and not with Past date. Hence, I couldn't find an answer and posting to experts...Please help

My case details:

Case : H4 to H1 2013 CAP approved, not working yet

1. Petition Approved: Sep 30, 2013 with new I94
2. Petition Effective from Date: Feb, 2013
3. H4 Expiry: Oct 2013
4. Travel outside US Dates: Oct 2013 to Dec 2013
5. Stamping: Get new H4 stamping in India
6. Plan: Return in H4 and apply COS to start working

Can any one please Help clarify

# 2 - Am I Out of status as petition approved on Sep 2013 with eff Feb 2013 but I haven't started working yet
# 5 - Is it ok to get H4 stamping in India when I already have H1+COS approval but dont want H1 stamped now
# 5 - Is my new H4 stamping yet to get will void petition or anything like that
# 6 - Hope I can return in new H4 and apply for COS to work

There must be some mistake. If it was part of this year's cap the earliest start date should have been 01-Oct-2013. Did you use an older H1, when did you apply for H1?

Unless you sort these out, you are probably going to get RFE/221G if you go for H4 stamping or COS to H1 later on.

This is my opinion not legal advice.

[KrisK]

There must be some mistake. If it was part of this year's cap the earliest start date should have been 01-Oct-2013. Did you use an older H1, when did you apply for H1?

Unless you sort these out, you are probably going to get RFE/221G if you go for H4 stamping or COS to H1 later on.

This is my opinion not legal advice.

Thanks Raghvi for quick response.

This is 2013 CAP H1 and first time H1. There was an RFE and case delayed by Background check. Atlast, It got approved with past date

Am I out of status now? we received approval last week only and so, I haven't started working yet, employer couldn't have paid me without H1/COS approval.

If attorney approach USCIS, Is that an easy fix to correct dates?

Thanks again for your time!!

[KrisK]

another problem is when I leave US, I will have to surrender all I94s including the H1 COS I94 that came with eff date Feb 2013.

In that case, it means I was in H1 since Feb 2013 (in reality approval came in Sep end only) until I exit US. Actually I haven't started working yet. Do I need to do COS from H1 to H4 before I leave US?

Please help clarify...