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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 03-13-2008, 04:22 AM
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pkagi2 is on a distinguished road
Default H4 to H1B entering back without stamping

I was on H-4 visa . I got H1-B last year and started working at IL.
Unexpectedly I need to go to India on an emergency.

I attended for H1B stamping at Delhi , India. They said some more admin process is required and put me on hold. They said it might take a month to a year for thier response.

My question :

1.) Can I travel on H-4 visa that I already have and continue working ?
2.) Do I need to do anything after landing at US... like applying for COS again ?

Any immediate response is appreciated. Iam waiting for responses.
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Old 03-13-2008, 12:07 PM
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if you enter using H4, then you cannot work till COS is approved. So my advice wait to get the admin processing done as that would definitely be faster than COS in USA
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Old 03-14-2008, 04:38 AM
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If I enter with H-4 visa , does that mean that my H1 is cancelled ? If I want to work again do I need to apply for New H1 again ?
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Old 03-14-2008, 04:52 AM
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Quote:
Originally Posted by pkagi2 View Post
If I enter with H-4 visa , does that mean that my H1 is cancelled ? If I want to work again do I need to apply for New H1 again ?
If you re-enter on H4, you will be in H-4 status and will not be able to work...Your H1 status will be invalidated, meaning, if you would like to work, you have to file for a H1 petition again but you wont be counted in the quota this time...You can apply for a H4 to H1 COS petition under premium processing immediately after you re-enter US..You can expect an action on your case within 15 days....As soon as you get the approval notice (with attached I-94), you can start working.....However, there is always a chance of USCIS approving your COS petition without a I-94 attached...What that means is that you cannot start working unless you get the H1 visa stamped from a consulate in your home country and re-enter US on H1....Since you have already been through this scenario, I dont think its worth taking a chance as there are high chances that your case will be approved without an I-94 (in my view).....But again, the admin processing could take months or even years (I have seen one of my friends case take 1.5 yrs)....You have to make a call accordingly....
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