H-4 to H-1

[Bond]

Hi,

Right now I am in US on H-4 Visa, & applied H-1 in this year, my Question is as follows.

1) I am planning to visit India for two weeks in next month, will it be possible or not?

2) If my application will select for H-1 then for stamping I wanted to go to India or it will be done in US?

Pl. help me out on this issue.

[txh1b]

1. It is possible provided you are ready to forgo the COS (Change of status from H4 to H1) which will put you on H1b status automatically from Oct 1st or the date of approval whichever is later.
2. Visa stamping has to be always done outside the US. As you will abandon the COS, you have to either get a stamp and re-enter or file an amendment to change to H1b from H4 after the approval if you travel before the H1b gets approved.

[Bond]

Hi, Thanks for the reply. I have one query, Currently I am in USA,If my H-1B get approved then stamping will be done in USA or in India?

[txh1b]

I think I already said in my previous post that "2. Visa stamping has to be always done outside the US."

A visa stamp is needed only if you intend to travel. If a COS is approved, changing your status to H1b, you can remain and work on H1b as long as the petition is valid without a visa stamp.