H1B petition with COS is accepted and yet to be approved, Can I travel on H4 visa ?

[Rohit Irole]

Hi All,

I have my H1B petition with COS(Change of status from H4 to H1) applied and the petition is selected in the lottery. Currently the petition is Accepted stage, not yet Approved.

The petition was applied when I was in US, and now I am in India. I currently have a valid H4 visa stamped.

Is the petition still valid ? Can I travel to US now on H4 ? Do I have to travel before the petition is approved or that really doesnt matter ?

[shervin143]

Since you left U.S when your COS is in progress, there are chances that your H1B gets approved for Consular Processing (H1B petition approval without a new I-94). In which case, you cannot work for the H1B employer unless you change your status to H1B (By either entering United States using a valid H1B approval notice from the employer and valid H1B visa) or filing a COS from H4 to H1B. If H1B gets approved with a new I-94, then your status will chance to H1B (if you are inside U.S) as of the H1B petition effective date (Usually October 1st).