will file an H1 ..can I travel on H4 then start working on H1 in october

Hi saurabh,

I was on an L1 visa from jan 2010 till jan 2013.In the meantime I got married and my wife joined me on an L2 and subsequently got a job. Her company got her an h1. I couldn’t get an l1 extension done though my client has is willing to file an H1 for me this year in April. In the interim I am returning back to India since am on a critical project and the client cannot afford me to leave the project now. I plan on applying an H4 visa before my client files an H1 in April under premium processing

.Once my H1 petition gets approved which I presume should be done in the month of May, can I travel on H4 in May and start working starting October 1st on my approved H1 petition. Do let me know if this is feasible or not or am I missing something.



Your H-1 petition will be processed w/o COS as you will be outside of US at the time of filing. So even after it gets approved, and you enter on H-4, your status will remain H-4. The employer will have to file separate COS from H-4 to H-1 for you and once approved, you can start working on H-1.

The other option is to return to US early on H-4 and then have employer file H-1 w/ COS. Then continue to stay in US through it’s processing. Finally when it is approved w/ COS, you can start working from Oct.