Ellanti Posted June 22, 2017 Report Share Posted June 22, 2017 I am currently living in USA with H4 visa status valid until June 2018. Applied H1B this year and got selected in lottery. Currently status is showing 'case received'. I need to travel to India during Mid July-End Aug 2017 to attend sister's marriage. Below are the queries I have. 1. Is it possible to travel while H1B in processing? 2. Can I come back USA with same H4 stamping during end of Aug 2017? 4. In case if H1 approved during my stay in India, do i need to go for H1B stamping at consulate and come back with valid H1B stamping? 5. Is there any other risks involved? Please advice! Link to comment
priyadharsini.s Posted June 28, 2017 Report Share Posted June 28, 2017 Hi, I was in the same situation 2 years before and for the same reason of my "Sister's marriage". I did went to India and came back again in September 1st week. In my experience, you would not have any problem if your visa is in pending status. My answers for your questions would be, 1. Is it possible to travel while H1B in processing? Yes, You can travel, 2. Can I come back USA with same H4 stamping during end of Aug 2017? Yes, unless your H1B is approved. 4. In case if H1 approved during my stay in India, do i need to go for H1B stamping at consulate and come back with valid H1B stamping? This will be a problem. If your H1B gets approved in this time then you may need to do your h1b stamping to enter into US. If you come back in h4 status then your h1B petition will be considered abandoned is what I got to know when i researched for my travel. (I am not 100% sure of this since i didnt face that situation) 5. Is there any other risks involved? There is always risks in travelling to India and coming back, visa status doesnt matter Link to comment
pontevecchio Posted June 28, 2017 Report Share Posted June 28, 2017 If you travel before your H1 petition with COS from H4 is approved, you will need to return with a H1 visa at the appropriate time. You can return up to 10 days before H1 start with the H1 visa. Link to comment
studentneed Posted June 29, 2017 Report Share Posted June 29, 2017 You cannot travel internationally when any immigration application is in pending status with USCIS. If you decide to travel when H1 is pending then the application gets cancelled because your I94 changes. The best option, talk to immigration attorney who filed your H1 Link to comment
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