Have H4 stamped (and I am still in India), Applying for H1B.If travel to US with H4 does H1B visa process gets impacted?

I am in India with H4 visa Stamped. My Spouse has traveled to US having H1B.

I am now applying for H1B visa through a consultant( April 2015)

If I travel to US with H4 visa in April 2015 :

  1. Does it impact my H1B visa processing ?

  2. Once my H1B gets approved around Oct 2015 while I am in US, Will I have to return to India for visa stamping (coz my H1b process was initiated while I was in India)?

  3. When arriving to Border with H4 and H1B applied, is it conflicting & questionable ?

If you have not yet in US by the time your H1 petition was filed, yours is not Change of Status petition.

In this case, you can enter into US with H4 stamped visa at any time. After arriving into US, you need to get your COS filed from H4-H1 (if your H1 was approved ).

The best bet for you is to enter into US with your H4 stamped AFTER filing your H1 papers. Once you arrive into US, try for a job. If you get a job, have your employer file your COS from H4 to H1. Its the SAFEST option for you.

  1. NO

  2. That depends on if it is a consular processing or COS. Ask your new employer to go for COS, so that you don’t need to go for stamping

  3. NO. It is completely legal