Travel on H-4 Visa after applying H1

[apathak]

Hi,

My wife planning to apply for H1 in next year's Cap (2014). She is currently on H4 visa status. We are planning to travel India after applying her H1B. She will be travelling on H4 visa with pending H1B application. Is it safe to travel and come back on H4 Visa with pending H1B petition ? We also need to go for stamping when we visit India. Would there will be any issue for stamping during that time?

Any info on this will be really appreciated.

thanks,

pathak

[pontevecchio]

If she leaves before the H1 decision the H1 petition may be approved for CP. In that case she will need a H1 visa at the appropriate time.

[apathak]

Sorry i couldn't get your comment "she will need H1 visa at the appropriate time"!

Suppose if she applies H1 on 1st April,2013 and travel to India and back by end of April. Her H1 application is still under process and no decision yet made. Would travel after applying be a problem? What will happen if she travels and her visa get approve when she is in India ?

Can you help me to answer this question i have! Thanks lot for responding to my post.

[pontevecchio]

If you travel during a COS situation the H1 petition may be granted though not the COS to H1 from H4. In this case she will need to get a H1 visa at the appropriate time so as to come back in H1 status up to 10 days before October,1.