Travelling to India from US - Valid H4 (Stamped), Valid H1B Petition through Consultancy (No Job)

I am on valid stamped H4 visa.

have also filed my H1B through private consultancy, it is also approved (but not stamped) and currently do not have any job.

I have to go to India in January for a month vacation


What are the ways that I can go for smooth travel to India and come back given I do not get a job till then.

What is your future objective whether to work or not? First you need to decide on this.

If you wish to work, then you have to get H1B stamped and need to enter with H1B only. Else you can come with H4 and dont expect working because incase if you wish to work, by that time again you have to move out of the country and get it stamped with H1 to use for you to start working.

Hi Jathin,

Thanks for info. Pls can you she’d some light on whether H1 stamping is required really to work and we cannot work with approved petition.

This doubt is with the reason that I can start working now itself (without stamping, with petition itself). Have seen people who work for long time when their visa is expired and they extended it or they do COS from any visa to H1.

Thanks in advance.

If you are in US (without moving out of the country) then COS would work. Since you are travelling to india, when you come back by that you already had a valid and approved h1B petition but you didnt get that stamped and entered with other visa.Due to that for sure it needs to be stamped to start working…For more information probably consult an attorney