H4-H1B COS --> H1B approved, but not working yet, can I travel to India? on which visa?

Hi,

I was on H4 VISA valid till 2018 when i entered USA in April 2015. Then a consultant filed for my H4-H1B COS and it got approved on Dec 2016 valid till 2018. Its been Mar 2017(4 months), the consultant is unable to find a job for me. Meanwhile, I have to travel to India in couple of months(in 2017 year).

  1. Can I travel to India? If yes.On which visa type?

  2. Can i get my h1b stamped while entering USA again?

  3. If I go on h4 VISA, will i be able to work on my H1B visa after entering USA?

  4. kindly tell me all the risks involved if I travel on any of the VISA type.

  1. Can I travel to India? If yes.On which visa type?

If you travel to India, you need to get your H1 stamped to enter USA on H1 status. Otherwise you can still enter using your old H4 visa stamp, but you will enter USA and be on H4 until you file change of status.2) Can i get my h1b stamped while entering USA again?

Yes, you can. but you don’t any projects in hand. This would mean you are just employed but not working. The employer has to pay and you should have pay stubs. I would suggest that you not go for H1 visa stamp without a project in hand.3) If I go on h4 VISA, will i be able to work on my H1B visa after entering USA?

It does not depend on what you go with, it all depends on what you enter USA with. If you enter on H4, you will be on H4 untill you get another H4 to H1 COS approved. And you cant work until you have the COS approved.4) kindly tell me all the risks involved if I travel on any of the VISA type.

If urgent, travel on H4, come back and file another H4 to H1 COS

If not urgent, don’t travel until you get a project and have started working.

Thank you so much for a prompt answer.

How long do I have to work on a project so that I will be able to fly to india soon?

Also, what documents are required to be shown while entering USA on H1B VISA?

It depends, you have to convince your employer and manger of the project that you may get, the purpose of your visit and have them in agreement.

To have the H1B stamped especially when you are consultant, you need to have more documents than the regularly direct full time hires. Please check with your consultancy, they may have a detailed check list.

Without a project, you would not be able to answer the basic questions asked in the visa interview. There is higher chance you would be denied a H1 visa in the interview if you appear for it without an end-client project.

Hi,

I have h4 visa valid till aug 2017, I am planning to go Indian in apr 2017 and come back on June 2017 on H4 VISA. Do I need to get h4 visa stamped ? If not, Will they ask me for any additional docs for COS from h1b to H4? Which docs?

I thought you said your H4 is valid till 2018. Either way you dont need stamping for H4 if the visa on passport is valid during your travel.

COS is termed abandoned the moment you leave USA, before it is approved. So, COS does not come into picture at all.

Thank you for your quick reply.

Will there be any questions been asked about my H1B status , pay stubs, employer details, job details at POE? I will be providing all the necessary docs for H4 visa though.

Hi ramanan256,

I just came back on my H4 VISA and there was no problem at all at the POE regarding H1B-H4 COS given my case.
Now that I am on H4 VISA, I have few questions:

  1. I am willing to work, what are my options?
  2. COS to H1B? How to go about it?
  3. Also for the 19 weeks which I had H1B, I do not have pay stubs for that. How can get through this situation?