H4 Travel during H1 Application Filed


Sean2017

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Hi Everyone,

Need your kind direction - I have a H4(valid until 2019) currently in India due to my job. During the last ~1 year,  I have been in US twice on H4[5 months and then 45 days which just concluded in Jan 2017), as well as a B1 trip of three weeks(in Nov 2016).

Now, my employer will file a H1B petition for me in Apr 2017, at the same time I am planning to visit my spouse/kid in May 2017, now given this situation and above history of travel, will there be any issues if I travel on H4 while H1B is under processing, of course provided it is picked in lottery.

Pls suggest. 

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I recommend You travel on H4 before applying H1B and when you apply for H1B in 2017 April, you need to file for change of status as well. 

Other-case as you said, when you apply H1 and travel later, you might get H1 approved but will need to travel out of USA and get visa stamping done. 

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