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I am on H4 visa now , and going to India on March 12th and will be back in june . can my employer file my H1 - B petition on April 1st even if I am in India . From October 1st , my status will change to H1 - B , so before October 1st , can I comeback to US on H4 status or do I have to wait till October 1st in India itself and get the H1 - B stamping done to comeback to US .