traveling to india while h1-b process

[ak12345]

My spouse’s current H-4 expires on Aug 26th,2017. Our Company applied H-4 extension and other company applied h1b for my spouse.
we received both the receipts. My spouse is planning to travel to India next week for 3 weeks.  
Is there any problem traveling to India while she is on H-4 and her H-1b is pending? What will happen when H-1b approves when she is in India?

can she enter to USA 5 days before H4 expiry?

[ak12345]

 can she enter to USA 5 days before H4 expiry?

[pontevecchio]

If the H1 is approved when she is abroad she will need to return with the H1 visa. If it is approved after she returns, she will need to leave and return with the H1 visa. When does your current H1 I94 expire?

[ak12345]

mines also expires on 8/26/2017

[ak12345]

some people saying if h1b approves it will be active from oct 1. so she can come before aug 26th and she only need to apply change of status. is this True?

[satya2k1]

On 7/14/2017 at 3:21 PM, ak12345 said:

some people saying if h1b approves it will be active from oct 1. so she can come before aug 26th and she only need to apply change of status. is this True?

If someone is traveling while H1B with Change of Status request is in process , then the applicant might get H1 without Change of Status (means no new I-94) before your wife returns back.  If your wife enters on H4 before the H1 is approved then, she should be fine.