Currently india on H4 visa, H1 picked in lottery can i travel to usa on h4

[khushikumari]

Hello,
Greetings..!!

Need an urgent help !! I am on H4 visa. I traveled to India in March. Before applying H1B.

Now H1B petiton picked up in lottery. I am travelling back on 1st June.

Below are the few questions:

1. Will i face any issues while travel back to US on H4 as h1b petition yet to arrive.

2. Any conflict expected while issuing i94 at Port of Entry?

3. Can i travel to usa before h1 approval if yes would it affect my h1 approval or cos?

4. If in case i travel to usa after h1 approval on h4 visa vll my status be changed ? if yes then how can i change back to h1 and start working on h1 in oct.

Thanks in advance..!!

[raghvi]

Hello,
Greetings..!!

Need an urgent help !! I am on H4 visa. I traveled to India in March. Before applying H1B.

Now H1B petiton picked up in lottery. I am travelling back on 1st June.

Below are the few questions:

1. Will i face any issues while travel back to US on H4 as h1b petition yet to arrive.

2. Any conflict expected while issuing i94 at Port of Entry?

3. Can i travel to usa before h1 approval if yes would it affect my h1 approval or cos?

4. If in case i travel to usa after h1 approval on h4 visa vll my status be changed ? if yes then how can i change back to h1 and start working on h1 in oct.

Thanks in advance..!!

1. No.
2. No.
3. Yes you can travel, but it looks like you were not in US when your H1 was filed, hence it would not have been filed as COS but as Consular process.
4. As your H1 was not applied as COS, you would not automatically move to H1 status, your employer would have to file a H4 to H1 COS and can work only when it is approved.

This is my opinion not legal advice.