Hi, currently i’m on H4 visa. I converted from L1b to H4 during the year 2011. My employer is planning to apply for cos from h4 to h1b during this april 2013. unfortunately, I have to travel to india during the month of june/july which I’m unable to avoid. May i know if i can travel to india once my h1b is approved ? Can I go for h4 stamping during the month of aug and travel back to US with H4 ? Does H4 stamping makes my H1b invalid? or can i work from oct with valid h1b which is approved already?
If you want to make use of H-1 COS (i.e. avoid H-1 stamping), then you have 2 options:
Leave US only after your H-1 has been approved w/ COS. Go for H-4 stamping and return on stamped H-4 visa prior to Oct 1. You will automatically move to H-1 status from Oct 1 based on your earlier approved COS. Your H-1 is not invalidated by H-4 stamping.
Leave US while your H-1 is still pending. Your H-1 will continue to be processed and will be approved w/o COS. You can go for H-4 stamping and return on stamped H-4 visa (even after Oct 1). Then file a COS application from H-4 to H-1. Once approved, you can start working on H-1.