After April and before October can I travel on H4 visa? I am applying for H1B for this fiscal year.

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Anonymous Jan 13, 2015 Bankruptcy and Debt 4 views 3 answers

I want to apply for H1B for this year quota and I am in USA on H4 visa. If I assume that my name has been picked up in the lottery: 1) can I travel back to my home country? I don't want to go to H1B visa stamping in my home country, when should I travel back so that I can come on my H4 visa and then my COS from H4 to H1 should take place in USA without any issues. 2) Can I travel between April and October. When actually, I mean after what time period the COS take place after getting name picked up in the lottery? 3) All the names are picked up in April in the lottery? My first objective here is to get H4 to H1 COS to take place in USA, so that I don't need to go for visa stamping in my home country for new H1B and second I want to travel after April and before October 2015. Thanks all.

Attorney Answers

Eliza Grinberg

Eliza Grinberg · Jun 15, 2026

You have to be physically present in the USA on a valid nonimmigrant status in order for your status to change to H1 on October 1. Otherwise, you will need to consulate process your visa.

0 upvotes

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

You are under no obligation, given the assumption you make and assuming further the petition by the employer will be approved, to stay in the USA. You can even return back to the USA any time prior to September 30, 2015. Return on H4, I mean. If you do, and your petition was filed as COS, your status will change comes October 1.

0 upvotes

David Jacobus 4550058.Html

David Jacobus 4550058.Html · Jun 15, 2026

This all should be handled by the corporate counsel for your H-1B petition. There are answers to be given, but if you screw up and your employer is hurt, I don't think I or other lawyers here want to be on the hook for it. You need to hire an attorney or meet with the attorney handling your petition.

0 upvotes