H4 to H1- travel to India

[ash14]

My situation is as follows:

 

My husband and me came to the US in april 2012 on L1b and L2 visa respectively. My husband applied for H1b for the year 2013 through a different employer B which got approved. He began working for emplyoer B from October 1 2013. I am planning to apply for H1b for this year on April 1st 2014 through another employer. My present status is H4. I want to travel to India for vacation. My question is as follows:

 

1)I want to travel to India in March 2014 and get H4 stamped immediately. I want my employer to apply consular process for my H1b on April 1st and not COS. I will travel back to US on h4 by April end before my H1 gets approved. Then after I am in US, apply for COS. Once H1 and COS is approved, do I have to travel back to India for stamping before October 2014 or is that not required?

 

2) Can my employer apply H1b with COS on April 1st and after that I travel to India immediately and return before H1b is approved. Will my COS be void then? Can I apply again for COS without it causing any issues to my H1b? In this situation what happens when I go for H4 stamping in April since I have applied for H1b?

 

I want to go to India for 2 months and want to avoid H1 stamping in India and hence these questions.  I can travel anytime between March and October. What is the best case scenario for me? How should I apply for H1b and when should I travel if I need to avoid H1b stamping in India? What are the complications that will arise?

[jairichi]

1. Yes, you would need to exit and enter US with a H1B visa if you plan to start working for employer from 1st Oct 2014.

2. If you travel to India when your H1B petition with a COS is pending it would be considered as abandoning of COS part of your H1B petition.

 

Best way is while you are in US employer files for cap subject H1B petition with COS from H4 to H1B in April 2014 with premium processing. On approval you can go for vacation to India and re-enter with your H4 stamped in your passport. Since your H1B and COS is already approved so from 1st Oct 2014 you would move automatically to H1B status.

[Truptinb]

Hi,

My case is almost same as above.

I am planning to get my h1b approved through premium process by mid may 2014 and then i want travel to india for 1 month. Before coming back to US i need to get h4b stamping done too as extension was filed last yr. I would be back to US by last week of june.

I have 2 queries here:

1. Can i come back with only h4b stamping without going for h1b interview n stamping.

2.Once i m back on h4b , do i need to again apply for COS from h4 to h1?(as per above answer it will happen automatically)

Actually for 2nd case my consultant is saying once i am back to Us on h4b , again i will have to apply for COS from h4 to h1 and have bear the cost of it can you please let me know if he is telling me correct.

[jairichi]

Hi,

My case is almost same as above.

I am planning to get my h1b approved through premium process by mid may 2014 and then i want travel to india for 1 month. Before coming back to US i need to get h4b stamping done too as extension was filed last yr. I would be back to US by last week of june.

I have 2 queries here:

1. Can i come back with only h4b stamping without going for h1b interview n stamping.

2.Once i m back on h4b , do i need to again apply for COS from h4 to h1?(as per above answer it will happen automatically)

Actually for 2nd case my consultant is saying once i am back to Us on h4b , again i will have to apply for COS from h4 to h1 and have bear the cost of it can you please let me know if he is telling me correct.

1. Yes, if you have a valid H4 visa.

2. If your H1B petition was filed as COS from H4 to H1B and it got approved during your stay in US and in spite of your travel outside US after approval your H1B status will kick in by 1st Oct 2014. If you travel before H1B petition approval then employer has to file COS after your travel back to US on H4 visa. In this case employer has to still pay H1B fee and you do not pay for it as it is illegal.

[pontevecchio]

Why would you want to avoid the H1 visa at all costs? The process does protect you from rogues of which there seem to be many. Any consultant who has no clue should not be your employer. Be careful.

[Truptinb]

1. Yes, if you have a valid H4 visa.

2. If your H1B petition was filed as COS from H4 to H1B and it got approved during your stay in US and in spite of your travel outside US after approval your H1B status will kick in by 1st Oct 2014. If you travel before H1B petition approval then employer has to file COS after your travel back to US on H4 visa. In this case employer has to still pay H1B fee and you do not pay for it as it is illegal.

Can i travel to india, when my COS from h4 to h1 is in process? I read some where that if h4 to h1 cos is in process(not approved) and i go outside US then it would be abondend thats why i am preferring premium process.

In my cass can you please suggest me best approach for getting h1b approved and coming back to US With h4 stamping as i am confused now.

[jairichi]

Can i travel to india, when my COS from h4 to h1 is in process? I read some where that if h4 to h1 cos is in process(not approved) and i go outside US then it would be abondend thats why i am preferring premium process.

In my cass can you please suggest me best approach for getting h1b approved and coming back to US With h4 stamping as i am confused now.

If you travel when your COS from H4 to H1B is in progress then it is considered abandoning COS process. Best option would be to file H1B petition in premium processing along with COS from H4 to H1B. In this way if no RFE is received you would get approval in 15 calendar days. Once approved you can travel outside US and can enter with H4 visa. By 1st Oct you will automatically move to H1B status.

[Truptinb]

Thanks for helping me.

[dayan1904]

Hi,

 

Currently I am on H4 and I am applying for H1B with COS for fiscal year 2015 (FY15) in Normal processing. Due to some personal reason, I wanted to travel to India from May 15th to June 18th 2014 and also before coming back to US, I need to get H4 stamping done in India.

I have below queries:

1. What happens if the USCIS officer reviews my H1B case during my stay in India? Is there any risk of rejecting H1B processing all together or he/she may grant H1B approval with Consular process instead of COS?

2. What happens if the USCIS officer reviews my H1B case for approval after my return to USA? (In this situation, my current I-94 is different from one provided during H1B processing)

 

3. In this situation what happens when I go for H4 stamping in May 3rd week since I have applied for H1B?

 

please advice

 

regards

 

[dayan1904]

Hi

Currently I am on H4 and I am applying for H1B with COS for fiscal year 2015 (FY15) in Normal processing. Due to some personal reason, I wanted to travel to India from May 15th to June 18th 2014 and also before coming back to US, I need to get H4 stamping done in India.

I have below queries:

1. What happens if the USCIS officer reviews my H1B case during my stay in India? Is there any risk of rejecting H1B processing all together or he/she may grant H1B approval with Consular process instead of COS?

2. What happens if the USCIS officer reviews my H1B case for approval after my return to USA? (In this situation, my current I-94 is different from one provided during H1B processing)

 

3. In this situation what happens when I go for H4 stamping in May 3rd week since I have applied for H1B?

[jairichi]

Hi

Currently I am on H4 and I am applying for H1B with COS for fiscal year 2015 (FY15) in Normal processing. Due to some personal reason, I wanted to travel to India from May 15th to June 18th 2014 and also before coming back to US, I need to get H4 stamping done in India.

I have below queries:

1. What happens if the USCIS officer reviews my H1B case during my stay in India? Is there any risk of rejecting H1B processing all together or he/she may grant H1B approval with Consular process instead of COS?

2. What happens if the USCIS officer reviews my H1B case for approval after my return to USA? (In this situation, my current I-94 is different from one provided during H1B processing)

 

3. In this situation what happens when I go for H4 stamping in May 3rd week since I have applied for H1B?

1. No risk of rejection of H1B petition based on your travel. COS would be denied.

2. Refer 1.

3. No issues.

[dayan1904]

thanks for your reply.. What exactly COS denial means in this case? 

Can i assume that case officer would grant H1b with consular process instead of COS ?

Can you please suggest me best approach for getting h1b approved in normal processing and coming back to US With h4 stamping before June 18th 2014 ?

[jairichi]

thanks for your reply.. What exactly COS denial means in this case? 

Can i assume that case officer would grant H1b with consular process instead of COS ?

Can you please suggest me best approach for getting h1b approved in normal processing and coming back to US With h4 stamping before June 18th 2014 ?

If you travel before a decision is made on your H1B petition your COS part will be considered abandoned i.e. you will not automatically move to H1B status from 1st Oct. To start working on H1B status from 1st Oct you will have to exit and enter US with a valid H1B visa and I797.

Best way will be to upgrade to premium processing where a decision is taken within 15 calendar days.

[Bincey]

Hi,

 

My case is like currently I am in India and my H4 visa has been expired in Dec 2014 and my husband's H1B is filed for extension(now he is in US).Once it is approved I will extend my H4 visa also(in March 2015).And I am filing my H1B visa(1st April 2015) for the year 2015 from India through another employer.Not by COS.My question is can I travel back to US in the month of April 2015 in H4 visa status while my H1B is in processing stage?Do I need to travel back to India before Oct 2015 if my H1B is approved(fo stamping purposes)?

 

Currenly I am in India for some personal needs and I want to travel back to US in April and at the same time I need to file H1B also for the year 2015.That is why I am having these many questions.Plesae help me in this.Thank you.

[jairichi]

Hi,

 

My case is like currently I am in India and my H4 visa has been expired in Dec 2014 and my husband's H1B is filed for extension(now he is in US).Once it is approved I will extend my H4 visa also(in March 2015).And I am filing my H1B visa(1st April 2015) for the year 2015 from India through another employer.Not by COS.My question is can I travel back to US in the month of April 2015 in H4 visa status while my H1B is in processing stage?Do I need to travel back to India before Oct 2015 if my H1B is approved(fo stamping purposes)?

 

Currenly I am in India for some personal needs and I want to travel back to US in April and at the same time I need to file H1B also for the year 2015.That is why I am having these many questions.Plesae help me in this.Thank you.

Yes, you can travel with a H4 visa in April. To move to H1B status after Oct 1st you need to exit and enter US with a valid H1B visa and I797.

[Bincey]

Thank you for your reply.One more doubt.Is it possible to get a COS option or any other option while I stay in US (after my travel in April)so that I can avoid one travel to India and also the consulate interview.

Thanks in advance.

[jairichi]

Thank you for your reply.One more doubt.Is it possible to get a COS option or any other option while I stay in US (after my travel in April)so that I can avoid one travel to India and also the consulate interview.

Thanks in advance.

If you travel to US after filing of H1B petition in April, later petition gets approved and if you would like to avoid travel to India and also interview then employer has to file a COS to H1B petition and pay H1B fee again. No sane employer will be willing to pay twice H1B fee for one employer.

[jairichi]

employee*

[Bincey]

Okay thank you for the reply.if that is the case,will that COS comes effective from Oct 2015 or would have to wait till April 2016 for the next H1B filing?thanks in advance.

[Bincey]

Hi,I am applying for h4 visa for my new born baby. I am currently In India.my husband is now in US and his h1b got extended and we got the approval notice.my h4 visa is expired and it has not got extended.so is my husband's h1b approval notice alone is enough for my child to apply for h4 or a valid visa page in the passport of either parent is needed?we are looking for interview waiver Dropbox facility.

Thanks in advance.

[jairichi]

Hi,I am applying for h4 visa for my new born baby. I am currently In India.my husband is now in US and his h1b got extended and we got the approval notice.my h4 visa is expired and it has not got extended.so is my husband's h1b approval notice alone is enough for my child to apply for h4 or a valid visa page in the passport of either parent is needed?we are looking for interview waiver Dropbox facility.

Thanks in advance.

Your spouse's I797 approval notice is enough to apply for H4 visa.

[gujjima]

I had been staying in US on H4 and had applied for H1B on April 1st.

After the application,before the lotttery results were out i had to travel to India.

I travelled to india on April 12th.My petition has been picked in lottery with the receipt date as April 13th.I would be travelling back to US on H4 before my application would be approved.

After approval am planning to do COS to H1

My question is,

 

1.Since my petition receipt date was after  my Travel Date,will i still be able to apply for COS to H1 after the approval?

2.In case if my petition goes to RFE,will it be possible to submit my new i94 after i travel back to US?

3.How are the chances for Stamping in India and COS in US?

 

Any legal advice is appreciated.Thanks in Advance

[Suraj123]

Hi ,

 

My case is like this.

 

1. I had approved petition of 2012 which was not never used even I did not go for Visa interview.

2. I am on H4 and new employer used that previous(2012) i797 to file New H1 petition now which got approved. I understand that I can start working immediately (Before October 1st).

3. Now I need to go back to India finish some personal work and should be back within 40-45 days.

4. Is coming back on h4 and then applying COS is correct step? 

5. In this case my i-94 will change, Will that cause any issue?

 

Thanks,

Suraj

[Swapan85]

Hi,

 

Currently I am on H4 and I have applied for H1B with COS for fiscal year 2017 (FY17) in Normal processing. My case has been selected in Lottery on April 30th.

 

Due to some personal reason, I wanted to travel to India from May 26th to July 14th and also before coming back to US, I need to get H4 stamping done in India.

I have below queries:

 

1. What happens if the USCIS officer reviews my H1B case during my stay in India? Is there any risk of rejecting H1B processing all together? What will happen to COS?

 

2. What happens if the USCIS officer reviews my H1B case for approval after my return to USA? (In this situation, my current I-94 is different from one provided during H1B processing)?

 

3) What happens if my case has been approved while I was in India? Can I return on H4 status or I need to go for H1 stamping in india before coming to US.

 

4) Is there any risk of rejection due to travel outside US during process?

 

 

Thank you,

Swapan