h4-h1visa rare situation


I am male in h4 visa for the past 2years. This year I got selected in h1b lottery and my visa is in process.I am planning for india trip next month and coming back on september with h4 visa.For this me and my wife need to go for visa stamping in india. My question is

  1. can i still come back in h4 visa with updated visa stamping?

2)What happens if my h1b approved during my trip?

First we need to know whether your H1 has been filed as CoS or CP?

If filed CoS, it is generally not recommended to travel when H1 petition is in progress. Even if the travel is unavoidable, then your visa will be approved as CP only. In this case, once you are back you will have to apply for CoS all over from first again. Or get H1 stamping and re enter USA on H1.

When H1 is in progress, you can go get H4 stamping and come back on H4. But once back if H1 is approved as CP, then you will have to apply CoS again. If your H1 is approved before you leave, then you can get your H1 stamping it self and travel in H1 on or after Oct 1.

Thanks a lot for your reply. Mine is filed under COS only. If I avoid travel and stay here & my wife is travelled to India for stamping. How to answer these questions:

  1. What is your husband doing in USA in h4 visa?..past 2years
    2)Why he didnt come for visa stamping?
    3)In worst cases if she gets 221g/denial…Should I Travel to india immediately being an h4 visa?
    4)what happens if she gets denial and my h1b not approved yet?
    5)what happens if she gets denial and my h1b is approved ?

Waiting for your reply.Thank you so much for your help.

Being on H4, everyone knows you cant earn. So tell them you were at home taking care of home affairs. VO never asks why dependents don’t come for H4 stamping as its not mandatory.
If H1 is denied, your H4 becomes invalid immediately. Then in that case you need to go out of country. Her H1 doesn’t affect your H1 in any way. If your H4 is invalid, then H1 is approved as CP. you can get stamping and travel on H1.
Note: This is not a legal advice.
I highly recommend you to talk to your Attorney further on this.

Thanks Mathuram for your efforts.appreciate it