Travelling to India after H1-B petition is filled

[klupsa]

Hello Forum guru's /attorney's,

Can you please give me an advice with my concern:

My wife current visa status is H-4. A employer is filling H1-B petition for her in this coming April (2014 quota). And we have a need to travel to India in mid May and to come back in mid June.

1) My concern is will there be any problem if she travel to India after her employer files a H1-B petition and

come back to USA before the petition is approved? (Because when filing the petition she will submit the

current I-94 and when she come back to USA on H-4 a new I-94 will be issued)

2) Does she need to go for a premium petition?

3) If there wont be any problem in travelling to India does she needs to resubmit her latest I-94 to USCIS

which is issued when she is back to US ?

Thank you all for your advice.

[wiweq]

To avoid the problem you should wait until her H1b is approved. If she leaves USA when H1b is under processing, her H1b may approve but COS will be denied. Better to go with premium processing. Once H1b is approved with COS you can leave USA. Now even if she enters in USA before Oct 1st with different I94, that won't affect the already scheduled COS to H1b on Oct 1st.

Suggestions: Go with PP H1b. Wait for H1b approval/ decision before leaving USA.

[_jaswanth7_]

I will tell directly, this is little risky time to go INDIA, better to wait until you get it approved.

[jacknjill911]

What if the PP H1b is approved in April itself, and she leaves to india in June. Does she have to get stamping done as the h1b start date is in October. Or she will remain in H4 until october.

[wiweq]

"What if the PP H1b is approved in April itself, and she leaves to india in June. Does she have to get stamping done as the h1b start date is in October. Or she will remain in H4 until october. "

=> If her H1b is approved before leaving USA, she is good to go. She doesn't need to get H1b visa stamped if she is entering before Oct 1st. She can enter on H4 visa and this won't affect her COS on Oct 1st. The changed/ new I94 won't create any problem for COS.

[klupsa]

Thank you all, in clarifying my issues. The idle solution I see is to go with PP now...

[jacknjill911]

Hi,

One of my friend is also looking for h4 - h1 sponsor? Can you please provide the details of this employer, I can pass it on to her.

Thanks!