Queries regarding H4 to H1 - COS

USA H1B Visa
1

Could you please answer my below queries.

  1. I have h4 stamped in Aug 2012(till sep 30 2013) but in US currently,i am planning to file my new h1 in april 2013 from US.Can h4 extension be filed when COS is in progress?IF no and if change of status in denied do i need to return back to india as i dont have any valid visa after sep 30 2013.

  2. Approximately how many days will H1B(COS) take to get the approval???

  3. 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?

2

  1. Your H-4 extension can be filed while H-1 is already in progress. If both H-1 and H-4 are denied, then you will have to leave US.

  2. H-1 COS will take 2-6 months under regular processing. If filed w/ premium processing, you will know the decision within 15 calendar days. As per latest USCIS update, they won’t start PP processing until April 14.

  3. Then your COS will become invalid unless it gets approved prior to your travel and unless you return prior to Oct. Your H-4 extension petition will also become void, and you will have to file a new one after returning to US. If H-4 has already been extended, then you are fine (you can decide either to go for stamping or not but you can return on unexpired valid H-4 visa stamp already existing in your passport).