Can we get H4 stamping when H1B is approved

[appolyn]

Hi folks,
Thanks for all the Posts and Info. This helps a lot.
I need help with my Situation ASAP. I am currently on H4 and its not yet stamped on my Passport. I transferred to H1B and it has been approved, so I will be eligible to work in US from Oct 1' 08.
I have a necessity to go to India in November, so I will not be able to start working from oct. I am planning to work after I get back in December. This means I will not have pay stubs to get my H1B stamped in India. I thought of getting my H1B stamped in Canada or Mexico during the last week of September, enter the US with H1B stamping and then go to India without any issues. But I just heard that I can go to India in November get my H4 stamped (If I do this my H1B will not get cancelled - is this true??) , then come here and change my status from H4 to H1 rather than going to Canada/Mexico to get my H1B stamped in September. Is this Possible. What do you suggest. Do I get my H1B stamped in September or Do I get my H4 stamped in India and come back and change from H4 to H1. Will this cause any issues at the Port of Entry? Please reply. Thanks.

Appolyn.

[txh1b]

If you intend not to work from Oct 1st, it is important that you leave the country before that H1 kicks in automatically. Your H1b will not get cancelled. Look at 100s of threads with similar topic.

Once you remain here after Oct 1st, you HAVE TO work and get paid all the time, no exceptions.

If you leave in September, get a H4 stamp, get back on H4, get a COS approved to h1b again by having the employer file for an amendment, it will work fine.

[appolyn]

Thanks for your response. I have few more clarifications. When you said
" If you leave in September, get a H4 stamp, get back on H4, get a COS approved to h1b again by having the employer file for an amendment, it will work fine."

1) If i get my H4 stamped(Canada or Mexico) in September last week and enter US before OCT1. Will this still start my H1 status automatically on OCT 1 or will it require a COS.

2) How long does it take for COS ( H4 to H1) to process.

Appolyn

[txh1b]

If you enter on H1b at POE, it kicks in immediately based on your petition start date.

[appolyn]

Thanks.Please clarify this for me.. My petition start date is OCT 1

If I enter in H4 status during last week of september..will my H1 start automatically on Oct 1..Or should I wait till OCT 1 to re-enter in h4 for my H1 not to start till I do a COS..

Appolyn

[txh1b]

If you do not want to be on H1 by Oct 1st, you should leave US before Oct 1st and enter only after Oct 1st on H4. Otherwise, based on Efren Hernandez memo, your status will change to H1 automatically if the approval was a COS on Oct 1st if you enter earlier on any other status.

[appolyn]

Thanks for your clarification.