Essex Junction, VT asked in Immigration Law for Vermont

Q: I have H4 visa. Got selected in H1B and got i797a approval. But ...

I have H4 visa. Got selected in H1B and got i797a approval. But my change of status (cos) is not done yet. Can i re-enter on my valid H4 visa ?

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1 Lawyer Answer

Allen C. Ladd

PREMIUM
Answered
  • Immigration Law Lawyer
  • Greenville, SC

A: Your better option is to apply for an H1B visa, based on the I-797A approval notice. Then, you will be able to bypass the change-of-status delay and re-enter the USA as an H1B worker.

This answer assumes you did not violate your H4 visa status prior to leaving the USA, for example working for the employer "as if" you already had the H1B C/S approved.

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