Hello Sirs, H4 to H1

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I am on H4 visa, plan to file H1B in Mar 2016.Once my Case picked up in Lottery, Should I need to go to my home country for Visa stamping? Can I continue to work from US wit out stamping? or is there any condition to stay without stamping and continue to work in US?

Attorney Answers

5
Andrew Bartlett ·
In immigration there is the idea of status and the idea of a visa. Status is about being in this country lawfully. And you can change your status while you are here. The moment you leave the country, that status has gone. And the only way to get it back is with a visa that allows you to come in once more in that status. If you change status in the US, you can stay in that status. If you leave, then you will need to go to an embassy for a visa in order to be allowed back.
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Michael Alexander McvickerImmigration AttorneyHerndon, VA ·
If your current H-4 status is valid through at least September 30, 2016, and the employer/petitioner's I-129 Non-immigrant petition is, first of all, selected for processing in the USCUS lottery and, second, eventually approved by the USCIS, then your status will be changed from H-4 to H-1B, within U.S. borders, and you can start working as an H-1B employee, for that employer, as of the requested and approved start date on the petition. You will not need to depart the U.S., apply for an H-1B visa, and re-enter the U.S. However, with very few exceptions, if at a future point in time you engage in international travel, you will need to apply for, and obtain, an H-1B visa in order to be able to return to the U.S. and continue, upon re-entry, your H-1B employment.
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Tripti Sharma ·
When an employer petitions in your behalf or even remotely shows an interest, the first thing you want to consider is whether they have good representation so your immigration questions related to the petition are answered. If not, think twice before committing to companies who have no knowledge or guidance on immigration laws as most candidates who fall out of status work for such companies.
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Juan Sarmiento ·
If you maintain H4 until H-1B approval then COS is possible.
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