H1b petition approved , stamping yet to be done can I travel in H4

Hi,

my H1b petition is approved coz of project delay my stamping and project is getting delayed . Can I travel in H4 intermediate for 3 months and once project is confirmed can I travel back in H1 … Will my H1b petition still be valid if I travel in H4 first

thanks

harini

Your H-1 petition will still remain valid even after traveling on H-4 visa. You can enter US on H-4, and once the project is confirmed, you will have 2 options:

  1. Leave US and return on stamped H-1 visa

  2. File COS from H-4 to H-1 while continuing to stay inside US. Once approved you can start working on H-1 (no need to travel outside US in this case).

Dear Saurabh

One question here…I am also in same situation. If I have H4-H1 COS approved and then I travel to India, I will have to appear in Visa Interview for stamping. Is this interview same as normal H1B Visa interview or it may be easier one to get approved ? All I mean to say, are there more chances of rejection ?