H1B approved. Can I come on H4??


I applied for my H1 with COS in 2012. I got n RFE my H1 got approved in November 2012 and I started working from December 2012. I will have to travel to India this year in MAY. My current employer is not willing to give the docs that are required for H1 stamping. So I cannot go for my H1 stamping. Can I come back to the US on a fresh H4? In case I can come back to the US on H4, what do I need to do after coming so that I can start working? Currently my H4 visa has expired. 

Really worried. PLEASE HELP.!!

You can return on H-4 visa as long as you have that stamped in the passport.

Once in US on H-4, an employer can file COS from H-4 to H-1 and you can start working for that employer from COS approval date. If its the current employer, then it’s just COS; else it’s COS + a new cap-exempt petition (aka H-1 transfer).

Hi Saurabh,
Thanks for the reply. But my H4 visa has expired on my passport. So I need to go for stamping of my H4 visa also. Will that be a problem as my H1 is already approved?? Also does my employer need to withdraw my H1 petition for me to go and attend H4 visa interview?? Please help… Thanks in advance

You can go for H-4 visa stampin even when you have an approved H-1 petition. It doesn’t need to be withdrawn.