H4 ->H1->Applied ->RFE->India Travel?


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Hello All,

I have a situation where my wife needs(who is on H4) to travel to India while her H1 is pending - Her H1 has a RFE for some documents from her employer.

She has a valid H4 stamped Visa which is valid till July 2013 - Can she travel while her H1 is still pending? and if asked upon at Port of entry she can mention saying that she is here on H4?

It might take 2 more months to get that RFE rectified - so she was hoping to go to India for vacation.

Thanks in advance for the responses

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I'm no legal expert nor immigration specialist so the below response is based on what I read and seen in the past. For expert advise, please wait for the seniors to respond.

Since your wife applied for H1B, I'm assuming that it would be a COS from H4. I believe you need to be in the country for the COS request to be valid.

If there is an emergency in India and she needs to go to india, that's a different story altogether but if she plans to go to India just for vacation, I would rather wait if I were you until the decision on H1B is out. Note that if your H1B COS gets approved, she needs to get H1B visa stamp to re-enter the country.

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