Travel to India on H4 visa when H1B visa status is under processing status after being picked in the lottery?

[vini91]

Hi all 

I am currently in H4 now ,and I applied for H1B (applied as COS via normal processing) for this April lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case I am confused with the following scenarios and need guidance: 

 

1.I am in urgent situation that I might need to travel by  Aug - and be back by mid of September 2016. Please advise will there be any issues in my h1b processing  if I come back in my H4 visa.Also Will my stamping have any issues? 

2.After getting my H1B approved by Oct , can I travel to India by Dec before joining my employer and come back in Jan to join work , what will happen if I go for stamping in India at this case or what will happen to the approved H1B? 

 

3,Worst case if the situation is unavoidable that i travel in august please advise how to i handle the situation without issues.

Please guide me!!

[shekar11#]

Better to update your H1-B case to premium processing, get it approved and then go for visa stamping and come back on H-1.

[vini91]

thank you for the reply sir

is there any other solution for this other than going for premium processing and going for stamping in India.

[rohit369]

Upgrade your H1 application to premium. You will receive the decision in 1-2 weeks. Travel to India in August, get your H1B visa stamped. Travel back to the US on H1 visa on October 1st (if its fine for you to stay till then in India). You will automatically go on H1 status and also get you stamping.

I am not sure if the consulate will cancel your H4 visa or if you can travel on H4 visa before Oct 1st and then change status here. Please check with your attorney on this.