H4 travel to India while applying COS to H1

[klm413]

Hi,

I am currently on a H4 visa and need to travel to India this mid February and might be back after mid April . I am also planning to get my H1 filed this April while I am in India. I have the following questions.

1. Do I need to come back before April 1st ( before sending my application to USCIS) or am I good to come back any time before October?

2. In case if I come back in the month of May should a new amendment be filed again for a change of status as my I94's latest date of entry changes?

3. Also with this travel and a changed I94 will I have any problem when I apply for SSN this October.

Thanks.

[jairichi]

Hi,

I am currently on a H4 visa and need to travel to India this mid February and might be back after mid April . I am also planning to get my H1 filed this April while I am in India. I have the following questions.

1. Do I need to come back before April 1st ( before sending my application to USCIS) or am I good to come back any time before October?

2. In case if I come back in the month of May should a new amendment be filed again for a change of status as my I94's latest date of entry changes?

3. Also with this travel and a changed I94 will I have any problem when I apply for SSN this October.

Thanks.

1. You can come anytime after Oct 1st on approval of H1B petition and H1B visa.

2. If H1B petition is approved then employer has to file COS from H4 to H1B and pay H1B fees again.

3. If you are in H1B status there will not be any problem to get SSN.

[pontevecchio]

You can always get the H1 visa at the appropriate time.. I94 numbers have no relation to the matter.

[rajini567]

Hello,

Please help me with this question:

If I file H1 this April 14 can i be out of country from March 1 to May and still file a petition for h1b??? because i 94 with which i file may not be valid right?

[jairichi]

Hello,

Please help me with this question:

If I file H1 this April 14 can i be out of country from March 1 to May and still file a petition for h1b??? because i 94 with which i file may not be valid right?

If your employer files a H1B petition this April and you are outside US it would be filed as consular processing i.e. you need to have a H1B visa to enter and be on H1B status to start working for employer from 1st Oct.

[rajini567]

Thanks for your reply.

My question is if i am out of country from March 25 to april15 2014

1.I am on H4 status which is valid till 2015 so do i need to still file my h1 processing as consular process

OR

2.can i file it as change of status and return on my h4.

3. If i come back on h4 will it impact my h1 and how?

I appreciate your response.

[jairichi]

Thanks for your reply.

My question is if i am out of country from March 25 to april15 2014

1.I am on H4 status which is valid till 2015 so do i need to still file my h1 processing as consular process

OR

2.can i file it as change of status and return on my h4.

3. If i come back on h4 will it impact my h1 and how?

I appreciate your response.

At the time of H1B petition filing if you are outside US it cannot be filed as COS.