traveling to india on H4 after the approval of H1Bvisa

[kkalyan]

Hi,
I have a question regarding my friend traveling to india on H4 even after the approval of H1B visa.
Actually my friend's H1b visa is approved and if she goes to india on H4 visa and return to USA on H4 itself will she have any problem at port of entry.
please let me know.

[switchtoit]

If she has true intention of NOT to work in US while re-entering US she can mention that to the immigration officer at the POE and I think there should not be any problem she entering in US on H4.

But if she is trying to bye pass the H1 stamping by re-entering US on H4 and then apply for COS to H1, then there are possibilities that her COS may be denied since she had traveled outside US after her H1 was approved.

Even if her COS was approved she cannot escape H1 stamping because she cannot go out and re-enter US on H4 and again apply for COS.

Better get H1 stamping and re-enter US.

[kkalyan]

Thanks for your resposne. I should have asked like this: Please respond:


I have a question regarding H1B stamping. My friend is currently on H4 (dependent) visa and got approved for H1B two days back. That means the H1B is valid from Oct 1st 2008.

The question is - Can she go to India on H4 and return on H4 before Oct 1st without stamping for H1B? Will she get any problems at port of entry as she got H1B approval, but entering US on H4? She plans to go in June and come back in this August. Please advise. I really appreciate your efforts.

[RD_TS]

Thanks for your resposne. I should have asked like this: Please respond:


I have a question regarding H1B stamping. My friend is currently on H4 (dependent) visa and got approved for H1B two days back. That means the H1B is valid from Oct 1st 2008.

The question is - Can she go to India on H4 and return on H4 before Oct 1st without stamping for H1B? Will she get any problems at port of entry as she got H1B approval, but entering US on H4? She plans to go in June and come back in this August. Please advise. I really appreciate your efforts.

On your friend's H1 Approval notice, what date is mentioned for "Valid From:" ?

[switchtoit]

If she is going to India in June and return in August, is she going to work in US from Oct 2008 or continue in H4 and she does not have any intention to work?
Provide what is your requirement and people can reply based on that. I think I have provided enough information in my reply.

[kkalyan]

She is planning to work on H1B after coming here from Oct 1st. H1B is valid from Oct 1st 2008.

Please advise.

[switchtoit]

vikky1979,

Your wife cannot get H1 stamping in Mexico or Canada. She has to get H1 stamping in India and enter in US on H1 in Sep 2008.

KKalyan was asking whether his friend can enter US on H4 and apply COS to H1 and I was telling him that it is better to get H1 and enter US. Even if COS is approved (from H4 to H1) you have to get H1 if you travel outside next time.