H4 to H1 Approved, Travel out of USA

Hi, I am currently in the USA on H4 and I have an approved H1b(I129) starting Oct 1st 2013. Now, Can I travel out of the country in August and return on September 1st week, on my H4 visa. I am yet to receive my I797 for the approved H1b, so not sure if it is going to come with an I-94. If it does, should I hand it over when I leave the country?

When I enter back, I assume I will be given an I-94 based on my H4 visa , which only until next year, So is it ok if there is no I-94 associated with my newly approved H1b visa.  



Your inputs are greatly appreciated

Let’s assume H-1 is approved w/ COS i.e. I-94 is attached.

When leaving US, hand over the I-94 that’s there in your passport and keep the H-1 I-94 w/ yourself. Do your thing and return on H-4 visa in Sep. You will receive a new I-94 w/ start date same as your US return date.

Come Oct 1, your H-1 I-94 will become effective as it has a start date of Oct 1. This will trump the I-94 issued in Sep, and you will now be on H-1 status.

You can run this by your attorney as well.

Thanks for your inputs Saurabh. I checked the same with my attorney and he confirmed what you said.

Many Thanks once again.