H4 stamping after H1B is effective (ie after Oct 1)

USA H1B Visa
1

Hi Saurabh,

I am looking forward to your advice on my case.My husband got his H1B(cap-exempt from the University he works) and my H4 approved on Mar 2013.Both H1B and H4 was effective from Mar and good thru 2015.Later in June 2013 I got my H1B approved as I filed for H1B through an employer(company).This is effective from Oct 1 2013.Now both of us are travelling to india on July and are planning to go for his H1B stamping and my H4 on July and return back to US by Sept mid.I have the following concerns -

1.If in case our stamping ended up in administrative processing at the consulate and the wait time happen to go beyond Oct 01, what is the stand on my H4 ? Will they reject H4 stamping as after Oct 01 my H1B will be effective ?So will it be possible for me to travel back to US on H4 stamped after Oct 01?Will there be any issues at the POE telling that I had approved H1b but came on H4?Finally will I be able to start working on my H1b as soon as i reach after Oct with H4 stamped ?

What would you suggest here - is it better to stamp H4 or my approved H1b ?I have heard that H1B stamping will only start after Sept 20th ,is this correct ?

Please help me with your suggestions.Thanks!

2

Your H-4 stamping will not be abandoned b/c of your H-1 petition. You can return to US on stamped H-4 visa even after Oct 1. To move to H-1 status, you will then have to file for COS from H-4 to H-1.

You can go for H-1 stamping after July 1, but you cannot enter US on H-1 visa until after Sep 20th.