I arrived in US in Jan 2011 on H4 (Stamped Visa & I-94 SEP 2014).
1. Applied for H1B visa under 2013-2014 quota with COS and got an approval last month .
2. For personal reasons I need to remain on H4 visa even after 1st Oct 2013.
3. Today we are planning to apply a COS from H1 to H4 .
Q 1. I am planning to travel to India in November. for 1 month. Will I need to go for a new H4 Stamping ? Can I return on the current Stamped H4 Visa ( valid till 2014 )
Q 2 . If Change of status is Pending by the time I leave US. Will that create any complications in future ?
How will you filed for COS from H-1B to H-4 when you probably are not in H-1B status? If you were subject to the quota H-1B start date should be Oct 1, and unless you move to H-1B and maintain that status, you cannot seek a change to H-4.
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2 lawyers agree
I agree with Attorney Tripti. Your facts do not seem to make sense. You need to consult with an experienced immigration attorney as soon as possible.
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1 lawyer agrees
You can simply enter on the H-4 visa and that would change your status assuming you still qualify for same. If you don't have a H-4 visa, you will need to apply for same. This of course assumes that you have properly maintained status in the U.S. e.g., COS as of 10/1/2013 to H-1B e.g. pay statements, etc. I would consult with an immigration attorney on the specifics.
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