Travel on H4 (before Oct 1) while H1B is filed and in process

USA H1B Visa
1

Hi,

A friend of mine will be applying for new H1B through an employer from India. He already has H4 stamped as of now. Say if he gets his H1B application picked in lottery (assuming we will lottery this year) and is in process. Can he travel to US with his current H4 visa before Oct 1?

Thanks in advance!

Sarath

2

I think it would be better if he comes to US before the petition is filed. This way it can be filed under CoS and he can start working from Oct 1. Otherwise he will have to go out of the country again and come with a visa stamp which could delay the start date.

3

Thanks for your response. I agree that it is much better if he could come in before its filed. However he wont be able to travel before june. Hence we were wondering if he would be able to travel on H4 while his H1B is still in process.

Say, if he is able to travel on H4 by june while his H1B is still in process. Is there any process that would allow him to apply for change of status from H4 to H1 provided his h1 is approved?