H1b approval and travelling to India


H1b-2018

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Hi Team,

I am on H4 in USA since Jan 2016. I had applied for H1b-2018 lottery. 
It's been picked and is on pending state on USCIS portal. Due to Family emergency,
I have to travel to India. Please resolve my following concerns:
1. My H4 lasts upto Sep 2017, unfortunately, H1b extension of my spouse has got an RFE.
   In this condition, could I travel to India in the month of Sep?
2. If My h1b approval gets an RFE and my H4 visa is expired while I am in India,
   How to return back to USA?
3. If my H1b gets approved without an RFE, and if my h4 is expired, should I return to usa 
   with a job in hand already and get visa stamped in Inida?
4. If I get the h1b approved while I am in USA, assuming I have a valid H4,
   does this mean my status automatically changes to H1b, or I would still be in H4?
    4a. If my status changes to h1 automatically then my h1b time starts ticking and i should have pay stubs generated every 15 days?


Looking forward at your replies.

Thanks!

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Hi Team,

I am on H4 in USA since Jan 2016. I had applied for H1b-2018 lottery. 
It's been picked and is on pending state on USCIS portal. Due to Family emergency,
I have to travel to India. Please resolve my following concerns:
1. My H4 lasts upto Sep 2017, unfortunately, H1b extension of my spouse has got an RFE.
   In this condition, could I travel to India in the month of Sep? -- It is not recommend to travel, while case is still pending,,it will get you RFE,
2. If My h1b approval gets an RFE and my H4 visa is expired while I am in India,
   How to return back to USA? - You will not come back to USA, unless if you get ur husband H1 approved, you can show document that for visa apt and get H4 stamped. But, your H1 wil be become more complicated, in later years. 
3. If my H1b gets approved without an RFE, and if my h4 is expired, should I return to usa 
   with a job in hand already and get visa stamped in Inida? _ correct. 
4. If I get the h1b approved while I am in USA, assuming I have a valid H4,
   does this mean my status automatically changes to H1b, or I would still be in H4? - H1 will start from Oct 1, so make sure to check ur I94 on which status will be.. 
    4a. If my status changes to h1 automatically then my h1b time starts ticking and i should have pay stubs generated every 15 days? - yes. but mostly H1 will always start from OCT 1

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