Cannot travel on H4 if H1B petition submitted?

USA H1B Visa
1

Hi

I am planning to travel on H4 in May and was looking for a H1B sponsor for myself to submit my petiiton by Apr 2015. One of the consulting comps told me this:

I will have to be physically present in US on H4 before my petition is filed ie before Apr 1. In case my petition is filed on 1 Apr 2015, I will not be able to travel to US on H4 untill Oct 2015 (provided its picked in lottery and goes fwd to approval)

  1. Is it true? Can I not file my petition from India in Apr and then travel to US on H4 and remain on H4 untill Oct??

  2. Suppose this petition of mine is approved, do I have to come back to India for stamping? Or can I do a COS from US itself and avoid cmng to India? What happnes if my H1 stamping is denied? Can I travel back on H4?

Do let me know your experiences or do share your knowledge on this pls…

Thanks

2
  1. Is it true? Can I not file my petition from India in Apr and then travel to US on H4 and remain on H4 untill Oct??

Ans: Not True

  1. Suppose this petition of mine is approved, do I have to come back to India for stamping? Or can I do a COS from US itself and avoid cmng to India? What happnes if my H1 stamping is denied? Can I travel back on H4?

Ans: While you are in US on H4, if your new H1(Quota) petition is approved(its only COS petition since you are already in US on H4 status at the time of H1 petition filing), you will become H1 status from October 1st of that quota year(even though it was approved before October1st). At this point, you dont need to get H1 stamping done. You are officially an employee of your H1 petition filer. You dont need the stamping. Stamping is required only when you go out of US and enter back.

In case if you go out of US after your H1 approved AND after Oct1st, if you happen to go outside US, you apply for visa stamping under H1 (you are no more H4 at that time). If such H1 stamping is denied… you can immediately apply for H4 stamping if your spouse H1 is still valid.