Travelling outside US when H1 to H4 COS is under review

bubblyp1

By bubblyp1,
in H1B : H-4 Issues

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bubblyp1 Newbie

bubblyp1

Posted
Posted

My wife’s most recent entry into US was on H4 and that stamped I-94 has a valid date until April -2013. After coming to US she got a H1 and worked for a few months and then on Oct -09 2012 she resigned and applied for H1 to H4.

We have an emergency and we have to travel outside US next week. Can we use the old H4 I-94 to travel and get back into US before it expires?

What would be consequences if we travel while COS from h1 to h4 is under review?

I'm not sure if there is premium processing option available for h1 to h4 and if there is enough time to do that. What are my options now?

I have current H1 and I-94 is valid till Apr 2013.

Please help. It is an emergency.

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krialta Advanced Member

krialta

Posted
Posted

There will be no problem in your travel. She can reenter with her H4 visa. COS from h1 to h4 will be void/cancelled as the person is out of country. It would not matter even if you get this response after your reentry as her I94 has changed and is on H4.

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Remember - I'm neither a lawyer nor a legal trainee, check with an attorney if you are not sure about the comments posted.

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