H4 Travel after H1 is applied

[freetoz]

03/28/2017

I am currently on H4 EAD. My Employer is filing my H1 in Regular. Is it okay to travel to India(on H4) for a month in May, after filing H1 ? Some people are suggesting not to travel while some people are saying it should be fine.

I would like to know the consequences. Also, my spouse has applied for my H4 and EAD Extension(this week) since his H1 Extension is up for Renewal. 

Thanks in Advance.

[shekar11#]

10 hours ago, freetoz said:

03/28/2017

I am currently on H4 EAD. My Employer is filing my H1 in Regular. Is it okay to travel to India(on H4) for a month in May, after filing H1 ? Some people are suggesting not to travel while some people are saying it should be fine.

I would like to know the consequences. Also, my spouse has applied for my H4 and EAD Extension(this week) since his H1 Extension is up for Renewal. 

Thanks in Advance.

If you travel in May and your application gets picked then your H-4 to H-1 change of status (I-539 ) application will be abandoned. USCIS will still approve H-1 but without I-94. So you will have to go out of country before October 1st and then enter back with H-1 stamping.