h4 travel to India when spouse's h1b is under processing

[januonj1]

Hi,

I am on a j1 visa and my family are on J-2 visa. Now I have a job that sponsors my h1b and my new employer has filed for my h1b and h4 for my dependents (starting date is august 2012) . So my h1b is under processing. Now if my husband wants to go back to India for a while

1) can he go?

2) If he goes in July and comes back before end of July, can he come back on j-2 ? (becos my h1b is effective only from Aug 2012 ). In that case he does not need to attend interview for h4 to get a stamping in his passport.

Please reply.

Thank you very much :-)

P.S :My new employer is a University and so the general h1b cap and starting date does not hold good for me!!

[pontevecchio]

If he leaves before the COS approval he will need to come back with the H4 visa upto 10 days before the start date. It is much easier and better if he does come back with the H4 visa.

[januonj1]

pontevecchio, Thank you very much!!