Will 1 have to wait for few months to apply for H1B Visa after getting H4?

Hi, I am currently on H4 Visa and plan to apply for jobs that can sponsor for a H1B Visa in 2013. Im also planning for a trip to India sometime in Feb and be back by March end, before the H1B quota is open. While I am in India I will have to get my H4Visa stamped as it was extended last year. My question is…

  1. Will it be a problem to apply for H1B visa once I am back from india as I would have got the Visa stamped recently or is there like a waiting period (like one has to wait 6 months or so to apply for a different visa. )

  2. If there is already a company who is willing to file the H1B Visa in April 2013, is it ok for me to travel to India while the H1B Visa is in process through that company? As I understand, I would have to submit my current I94 details to the company for them to file for H1B, and travelling to India and back would mean my I94 details would change. Please clarify.

It would be a great help if someone can clarify my doubts. Every response is appreciated.


  1. It will be better to wait for at least 30 days before filing for H-1 w/ COS. If you can’t wait for that many days, then wait the best you can and then have it filed.

  2. If you leave US while H-1 is pending, then USCIS will abandon the COS and continue to process the H-1 petition. If approved, you will continue to remain on H-4 status. To move to H-1, either you need to file COS from H-4 to H-1, or enter US on stamped H-1 visa.