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Immigration Issues/h4 stamping during pending h1


QUESTION: Hi...I did my masters in US and I am applying for my H1 on Apr 1st, 2008. But, I  have to go to India from Apr 20-May 30 for my wedding. My Fiance in an H1 holder. Which is the safest way for me to come back to US? If I come in H4, what happens to my pending H1 application? Orelse can I apply in premium processing, and while coming back, get my H1 stamped from India?

ANSWER: #Even if you file premium processing since the work can not start before 10/1/08 theuy will not give you H1 stamp until September. The best would be to apply for H4 once married.



---------- FOLLOW-UP ----------

QUESTION: Thanks for replying. So, after coming to US on H4 stamping, I have to go for amendment of my H1 application using my new I94?

No - The H-1 will not be adjudicated until well after you come back and if it is approved, you will get a new I-94 and must go to the EMbasy on your first trip out. You could stay as long as the H-1 I-94 allows you but if you leave you must get H-1 stamp before returning spmetime after 9/08.



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Robert Hollander<B> Esq.</B>



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