Please help me h4 to h1 transfer

USA H1B Visa
1

Hi,

Iam currently on h4 visa valid till sept 2016,planning to apply for h1b for this year(2015)
Iam here to clarify few of my doubts on H4 to H1 transfer.
I have to goto to india this year any time between march to November,just wanted to understand all the scenerios.

  1. Can I travel to India before h1b petition approvel (I mean before I receive EAC number)
    1a) In this case can I goto india and travel come back on h4 visa since my h1b is not yet approved
    1b) Will my h1b application be still valid since I was out of the country
    1c) What if it gets approved when iam in india,can I still return to US on h4 with no issues
    1d) please explain me the term h1 abondaned,does this mean cancellation ?

  2. what if I go to India after h1b petition is approved (I mean after I receive EAC number) i.e, may to October
    2a) Can I goto India and come back on H4 visa once I receive EAC number
    2b) Does this Cos starts immediately once I receive EAC number
    2c) What if I come back from india on h4 visa and then apply for change of status, can I continue staying in USA and start working on Oct1st 2015.

Please please please help me, this is a very big step in my life and wanted to be sure before taking any step.Your suggestions not only help me but also helps many H4 candidates who are willing to apply for H1

2
  1. YES

1a.YES

1b.YES

1c.NO. You need to get stamped on H1 and come here, if you travel on H4, your H1 will be void.

1d. H1 Abaondoned means that you got your H1, but didn’t use it. Once you abandoned it you cannot get it back. Simply its a waste of H1, neither you nor others can use it.

2a. NO

2b: It starts as soon as your H1 is approved.

2c. Yes. as long as your visa was not applied as COS. If it is applied as COS, then you have to apply for amendment.