Traveling on H4 with H1B Approved

[udayabaski]

Hi,

 

  I am on H4 visa and my visa expires by September 30th 2015.

 

I applied for H1B 2015 and my petition(I129) got approved today.

 

Duo to some urgent work, am planning to go to India on July 11th and will be returning back on 3rd of August 2015.

 

1) Since my H1B petition has been approved with my previous I94, Will there be any issues in traveling to India?

 

2) Also, my current visa stamping is on my husband's previous employers name. Though it expires by September 30th 2015, wondering if there will be any issues while returning back to USA.

 

3) My husband is planning to go for stamping this time as he has changed his employer. Can i also go for stamping for extending my H4. This is just to be on the safer side to come back with a valid visa.

 

 

Thanks in Advance,

 

 

 

[jairichi]

1. No.

2. No.

3. Not required as you will move automatically to H1B status from Oct 1st and at the time of entry your H4 visa is still valid.

[udayabaski]

Thanks a lot for your reply.  

 

1.As my H1B petition was filed with my previews I94, I heard that if I travel to India, I have to go for H1B Amendment with new I94. Is this true? If true, will there be any problem in filing H1B Amendment with the latest I94.May I know How long it will take? and Can we file as soon as I come back?

[jairichi]

Thanks a lot for your reply.

1.As my H1B petition was filed with my previews I94, I heard that if I travel to India, I have to go for H1B Amendment with new I94. Is this true? If true, will there be any problem in filing H1B Amendment with the latest I94.May I know How long it will take? and Can we file as soon as I come back?

If your H1B petition is approved as COS (I.e. i797 with I94) you can enter US with a valid H4 visa & a copy of your spouse's I797. From Oct 1st you will automatically move to H1B status. No need to file any amendment.

[Befirm]

I am in same situation. I am on H4 and got my h1b approved and need to travel and come back prior 1st October. 

My attorney says avoid if you can, just want to know is there real issue here? will this travel affect my H1b?

[jairichi]

I am in same situation. I am on H4 and got my h1b approved and need to travel and come back prior 1st October.

My attorney says avoid if you can, just want to know is there real issue here? will this travel affect my H1b?

No issue at all