Travel to India while H-4 to H-1B change of status (COS) approved

[vasanth278]

Hi Everyone,

Just need a clarification on H4 to H1B COS...

My wife is in US now with me on H4 visa. We are applying for H4 to H1B COS by April 1st 2013. Lets say we are doing premium processing and her H4 to H1B COS gets approved by April 30th 2013. So in this case, whether she can travel to India in may 2013 and return back to US before 1st Oct 2013 on H4 visa.

If we do so, whether the H4 to H1B COS be voided or will it be still valid?

Please help us to get this thing clarified.

Thanks & Regards,

Vasanth

[Attorney_25]

The current policy is that under the specific facts you mention the COS will remain valid. If any of the facts change (dates, especially), the situation may be different.

[binoca82]

If she return on H4, the COS to H1 will be voided. H1 petition will remain valid though.