H4 stamp with valid i94, H1 with approval notice, travel 2 india n return w/o stampin

[iamh4toh1]

Hi Gurus,

I entered on a H4 visa stamped on my Passport valid till end 2013. I have received a H1 Approval notice in Jan 2011 valid till 2014. I am working since last 5 months with paystubs and all. I want to travel to india on a short period and wanted to come back without stamping. Will they allow me to return on a H1 status?

will they allow me to return with H4 visa stamped on my passport and H1 approval notice and paystubs in hand?

[shervin143]

No. Why do you think there are different visa types? If you enter in H4 visa, then your status will become H4 and you can no longer work until you file a COS back to H4 and that gets approved. If you enter in H1B visa, then your status will be H1B and you can work for the H1B sponsor. If you don't already have a valid H1B visa stamped in your passport, then you need to get it stamped to enter U.S in H1B status.

[iamh4toh1]

thanks shervin, I guess I understood what you are trying to say but would like to reframe my question here just to make sure that we are not missing anything here.

I have a H4 Visa stamped on my passport with validity till 2013. But I have a H1 approval notice which confirms my Change Of Status.

so when I come next time to US without H1 stamped and if the immigration officer checks my stamped passport with H4 stamped and a H1 approval notices which proves the COS, he should give me a i94 with H1 right? (like the way they give to the H1 guys who transfer their visa to another employers)

if not, then a H4 to H1 can never leave the States and come back on a short notice as they wont be able to get it stamped at such a short notice.

[kabkaba]

That's not the way it works. Your non-immigrant status ends when you leave the US. In order to return in a particular status you need a visa of that type. Did you read the approval notice? It clearly states that 'normally the beneficiary needs to obtain the visa in order to return'.
Even in cases when people transfer to another employer, they still need H1 visa to return. Just that the H1 visa they obtained with previous employer's petition works but they still need a valid H1 visa.
If you think otherwise, you can always consult an experienced attorney.