H4 to H1 Transfer

[Janani_86]

Hi all,

I am currently on H4. My sponsor is initiating H-1B visa on 04.01.2014. Meanwhile Can I travel to India and get my H4 visa stamped and come back. Will this affect my H4 to H-1B transfer.
I am leaving US on April 12 and H4 interview is scheduled by May 1st week and I am returning to US on June 18,2014...

Please advice me.

~ Janani N

[raghvi]

Hi all,

I am currently on H4. My sponsor is initiating H-1B visa on 04.01.2014. Meanwhile Can I travel to India and get my H4 visa stamped and come back. Will this affect my H4 to H-1B transfer.
I am leaving US on April 12 and H4 interview is scheduled by May 1st week and I am returning to US on June 18,2014...

Please advice me.

~ Janani N

I am assuming you already have a H4 Status valid I-94.

Any particular reason why you want a H4 stamped in your passport? Have you told this to the H1 employer?

Now, a travel out of US while H1 is pending does affect the H1 indirectly. As you are currently in US, the H1 employer can file the H1 petition as Change Of Status, so from 01-Oct-2014, if H1 petition is approved, you automatically assume H1 status from 01-Oct-2014 and dont need to travel for H1 stamping. But, if you travel, as you are currently planning to, while the Change of Status to H1 is pending, USCIS may approve the h1 petition but deny the Change Of Status and convert it to Consular Process. This will require you to file H4 to H1 COS again upon re entry to US on H4.

This is my opinion not legal advice.