H4 to H1B approved , Will change of status(COS) will be revoked if I travel out of US?

USA H1B Visa
1

I am currently in US on H4 and my H1B is approved. But i am not sure whether my employer has also filed COS for me and i am yet to get confirmation on that. I have to travel to India next week and need few clarifications.

  1. If my COS is also approved,can i go and come back on H4 itself?

  2. If i come back to US on H4, will the COS be still effective from Oct 1st without any further process?

  3. If i do my stamping in India for my H1B, will i be able to travel to US prior to Oct 1st?

  4. If i travel to India and come back on H4 and if the employer files COS again, will it be approved and if rejected ,should i go out of US and get the stamping done and then come on H1B?

  5. If my COS is approved and i start working for the employer without any exit from US and at a later point of time, if i need to go out of US, should i defenitely do the stamping?

2

I have the same issue. Please can someone help us with this?

3

Hello … you are reading my mind and asking the same questions as I am thining.

Here are my 2 cents :  (These are all my assumptions and we both are in similar situation)



1. I think Yes (I am still waiting on my lawyer's answer)



2. No .. we have to reapply again because you will lose your I94 that is approved on .. we need file for ammendem to tag your H1 with new I-94/COS



3. I have the same question, but some of my friends told me that yes you can.



4. If its rejected things will complicated I guess



5. yes  .. hope this helps



Here is my situation ..........



I was in US on H4 (expired on Sep 2013 and extended till April 2015), I applied for H1 this year (2015 Cap) due to some personal reasons I travelled to India in first week of this month (July 2014) and my H1 got approved with in few days after my arrival to India (i.e 17th of July). I booked my return tickets on Sep 1st week.



[b]Should I go for visa interview on H1 or H4 is biggest question. [/b]



[b]If I go for H4 stamping and return back by September 1st week :- [/b]



   1. Some of friends are saying that my approved I797 will be void as I am attending H4 visa after H1 approval? is that true



      I am concerned with this



   2. Should I able to attend H4 visa interview (as it is valid till 2015 April) and apply COS after my arrival into US?



[b]If I go for H1 Visa :- [/b]



1. Should I be able to return to US before Oct 1st ?
4

I discussed the same with one of the attorney who directed me to following adjustment and says that my status is null and void.

Let me know what your attorney says. thanks.