Travelling to India on H4 while H1 application is being processed/approved

[jai005]

Hi

I'm on currently on H4 visa which expired on Jan-2014(same as my husband's visa exp dt).

My husband h1b extension application is already approved and both of our I94s are extended till Dec-2015.

My husbands employer is willing to process my H1B as H4 to H1B Change of Status(COS) Premium Processing this year April-2014. 

I have to travel to india this month and planning to return before end of Mar-2014 so that my H1B can be applied as H4-H1B change of status.

1. If i'm traveling to India now, Please confirm If I will have to go for H4 Visa stamping?

2. During this period my Husband is going to transfer his h1b Visa to different employer. If my h4 visa stamping is done with end date as Dec-2015 prior to employer change of my husband, will I be able to travel with the new H4 visa or should my H4 visa has to be transferred to new employer.Do I need to go for H4 stamping again with petition of my husband's new employer. 

3. Assuming I make it to US as planned before end of March and my h4 2 H1B COS visa is filed on premium and approved before end June-2013. Will I be able to leave the country during July-2014 after receiving the COS approval notice and come back to USA in Sep-2014 on my H4 visa. Will my H1B visa approval become invalid? Or should I go for H1B stamping ?

Is it not advised to travel after H1B COS is approved till 1 OCt?

 

 

[jairichi]

 

Hi

I'm on currently on H4 visa which expired on Jan-2014(same as my husband's visa exp dt).

My husband h1b extension application is already approved and both of our I94s are extended till Dec-2015.

My husbands employer is willing to process my H1B as H4 to H1B Change of Status(COS) Premium Processing this year April-2014. 

I have to travel to india this month and planning to return before end of Mar-2014 so that my H1B can be applied as H4-H1B change of status.

1. If i'm traveling to India now, Please confirm If I will have to go for H4 Visa stamping?

2. During this period my Husband is going to transfer his h1b Visa to different employer. If my h4 visa stamping is done with end date as Dec-2015 prior to employer change of my husband, will I be able to travel with the new H4 visa or should my H4 visa has to be transferred to new employer.Do I need to go for H4 stamping again with petition of my husband's new employer. 

3. Assuming I make it to US as planned before end of March and my h4 2 H1B COS visa is filed on premium and approved before end June-2013. Will I be able to leave the country during July-2014 after receiving the COS approval notice and come back to USA in Sep-2014 on my H4 visa. Will my H1B visa approval become invalid? Or should I go for H1B stamping ?

Is it not advised to travel after H1B COS is approved till 1 OCt?

 

 

1. Yes.

2. You can travel with new H4 visa as your visa is not tied to any employer.

3. Yes, you can travel back on H4 visa after COS from H4 to H1B is approved. From 1st Oct you will automatically move to H1B status.

[wenger.swiss]

Hi,

 

As far as I know..

 

1. Yes

2. You don't have to go for H4 Stamping again even if your husband changes his employer.  But carry his new I797 in port of entry.

3. If your new H1 is going to start from Oct  1st you will be in H4 until then, so I believe you can go and come back with the existing H4 visa until Oct 1st.