Travelling while pending H4/ H1

[RAraj]

My husband H1-B expired and his H4 petition is pending approval. He has a family emergency and needs to travel international. He has a new job offer and the employer is expected to file his H1-B soon (in the next couple of weeks).

Questions:

1. Can he travel with pending H4 and get visa stamped in India based my approved 797? If so, what happens to his H4 petition filed in the US?

2. Can his new employer file for his H1-B while he's in India? If so, can he still come to US on H4 (assuming his H4 is stamped) or wait for H1-B approval?

3. He's expected to stay in India for a week, is it advisable to have his new employer wait till he returns to US to file for H1-B?

3. Any pros and cons of coming back on H4 vs H1-B.

Please advise. Any help is greatly appreciated.

[shekar11#]

1. Yes he can get stamped using your I-797. It will get cancelled.

2. But if he comes on H-4 his employer again needs to file for H-1. OR he needs to go for H-1 stamping with his approved I-797 if he wants to come to US on H-1 status.

3. His new employer needs to wait till he returns back. Best option.

4. All are the same.