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**Subramanya** · 06-04-2007, 10:19 PM

H1 approval issues

I came to the US on H4 in Jul 2006 and it is valid till Sep 2007. My husband's employer is renewing his H1 and the petition will be filed within the next week or so.

My H1 petition for 2008 got selected for processing and is currently being processed at the Vermont center.

I intend to travel to India in a fortnight - from mid June to mid July and return on my H4 visa.

If my petition gets approved when I am in India, what do I need to do? I heard that there is a fee of some $2000 if that happens when I am in India - is that true?

---- There is no truth in this matter. Who is going to take this fees? You will only be wasting your money if you are paying somebody to give information

The processing dates as per the USCIS website are currently March 15, they've not updated the site since May 18. I heard that a few regular H1 petitions (not prem processing) are already approved. Should I wait to see if mine gets approved and then travel to India?

---- It appears that you have received a receipt for H1 and only the final stages are in progress. You should be able to get your H1 approval notice within this month.

---- Do not worry about the update on the websites. That will take its own course as too many factors are involved in that.

---- In the course of event if you want to travel to India, it will be better if you can wait for your H1 approval and then travel to India so that you can get the H1 stamped on your Passport

Subramanya

**pkk** · 06-11-2007, 07:41 AM

Further clarification pls help Mr.Subramanya

Mr Subramanya,

In continuation of my earlier query, can you please clarify

Supposing I get the H1 approval this month (June). Can I travel to India in Jul-Aug, get my H1 stamping done and return in Aug first week?

Is there any rule that if I get the H1 stamp I should only enter on Oct 1?

In that case, can I get the H1 stamp and choose to enter on my valid H4 if I return in Aug (H4 valid till Sep 30)?

In the event I choose to enter on the H4 even though I've got the H1 stamped, does it impair my potential to start working on the H1 from Oct 1?

Thanks,
Poorvi

**Subramanya** · 06-11-2007, 09:40 PM

H1 and H4 issues

In continuation of my earlier query, can you please clarify

Supposing I get the H1 approval this month (June). Can I travel to India in Jul-Aug, get my H1 stamping done and return in Aug first week?

---- Yes, you can do that

Is there any rule that if I get the H1 stamp I should only enter on Oct 1?

---- There is a general understanding among the different US Consulates and Ports of entry that a new H1B Visa holder should enter 10 days before the joining date. But all kinds of alternatives are possible. This means tht the rule can be interpreted by the Officer whom you encounter at the POE

In that case, can I get the H1 stamp and choose to enter on my valid H4 if I return in Aug (H4 valid till Sep 30)?

---- If you have H4 and H1 then entering on H4 will get you a I-94 for H4 at the POE. Instead, you will be better off entering on H1 and get a I-94 for H1 that will enable you to apply for a SSN and also start work from Oct. 1

In the event I choose to enter on the H4 even though I've got the H1 stamped, does it impair my potential to start working on the H1 from Oct 1?

---- Read as above

Subramanya

Announcement

H4 to H1, travel while case pending - pls help Mr.Subramanya

H4 to H1, travel while case pending - pls help Mr.Subramanya

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H4 to H1, travel while case pending - pls help Mr.Subramanya

H4 to H1, travel while case pending - pls help Mr.Subramanya

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