Need Help on H1b Visa

[gayatrimadhav]

Hi Everyone,


I have a Question regarding H1B Visa. I was in US on H4 Visa till March 2008, and had to return back to India on personal reasons. I have applied for H1B and the application is approved.



My Question Now is
I applied for H1B Visa when I was in US and then went back to India due to personal reasons. My H1B is approved and is valid from Oct 2008.
I would like to know which would be the best possible option?

1) If I can travel to US on H4 Visa, and then go to Mexico for H1B Visa stamping? The I797A has the I94 Number printed, I797A shows that The H1B is valid from Oct 08. Is the H4 Visa she has still valid, even though her H1B is approved.


2) Go for H1B Visa Stamping at Chennai Consulate in August 2008 and travel to US in August only (before 1st Oct 2008) once H1B is stamped. Can I travel back to US in August or have to wait till Oct if H1B stamping is Done?

3) Can I travel to US on H4 Visa and get SSN without going to Mexico, using the Approved H1B Petition.

Please let us know the best possible solution or any other option.

Thanks
Gayatri Bolli

[txh1b]

It looks like your COS was approved in error as the I-94 records take a while to get updated after one leaves the US.

1. Come back on valid H4 visa. Either get a H1b stamp in Mex/Can or go to file an amendment to change status again. You could try to go to USCIS office with the approved COS request and use Efren Hernandez memo and see if they issue you a I-94 matching the new I-94 and the new H1b status after Sep 21st.
2. Stamping can be done anytime but entry has to be after Sep 21st.
3/ No, you need a H1b I-94 to match the white I-94 from POE to get SSN.

[txh1b]

http://www.uscis.gov/files/pressrelease/Travpub.pdf

[gayatrimadhav]

Need Help on H1B

Thanks Everyone who replied, to my posts.

Thanks
Gayatri Bolli