H4 to H1b(petition uder pending status) and emergency Travelling

[bhnchandar]

Hello Everyone,

If anyone can answer this question I would be very glad. Thanks in advance.

The issue is my Sister is on H4 and she recently filed a petition for H1B and she was issued a Query. Since she has an emergency in India she has to travel India on Nov-15th 2012 and she will be coming back on Dec 15th 2012, the query response due date is December 23rd.

So, the question here is

1) Can she travel on H4 since her H1B petition still in pending status?

2) If yes, after coming back from India on H4 the I-94 will be changed and the H1b petition will still have the previous I-94. So, how can I update USCIS on this. Can I update them by sending a copy of new I-94 when I submit the response for the H1b query.

Any help would be greatly appreciated.

[pontevecchio]

If she leaves the H1 may be approved. But the COS will not. She will need the H1 visa before she starts.

[bhnchandar]

Sorry Correction.

1) Can she travel on H4 since her H1B petition still in pending status because she got RFE and RFE response due date is dec 25th. She will be back from India by 15th and answer the query.

[bhnchandar]

Hi pontevecchio,

Thank you so much for the reply. Actually, I didn't get you without submitting the query how will she get approved. She want to go India on H4 and after coming back she want to answer the query.

Thanks.

[pontevecchio]

She cannot avoid a visa before starting work even if her employer answered the RFE satisfactorily and got the H1 approved after she comes back.