Legal Question in Immigration Law in New York

My visa status is H4 and I have applied my H1B, but due to some emergency I am travelling to India when my H1B is in process and will be back to USA in June on H4 status. So my H1B visa will be approved but without Change of status.

I want to know for change of status do I need to go to India for H1B stamping before starting work and to maintain my H1B status?

Thanks.


Asked on 4/18/12, 7:21 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

When you enter the U.S. you will be in H4 status. When H1B petition is approved, it will indicate consular processing rather than change of status due to your departure from the U.S. while the H1B petition was pending with the USCIS. Therefore, you will not automatically be in H1B status upon approval of the H1B petition.

You can call our law firm at 212-268-3580 during business hours to discuss options, or email [email protected]

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Answered on 4/19/12, 6:40 am


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