Travel from India when H4 to H1b is filed

[ramesh.bhukya]

Hi ,

Currently I am on H4, came on long leave from my job .

I entered USA on 2nd Dec 2012. Found one sponsor for H1 filing for the April 2014 cap,(So for April 2013 he is going to file my H1b).

My Spouse H1 and my H4 is going to expire on 31st Jul 2013 , we are applying for the extension of both H1 and H4.

I don't want to sit idle at home, So I am planning to go back India and want to continue my Job.

My queries are:

1)If I want to come back US only before Oct 2013 , do I need to go for H1(If H1 approved) or H4 Stamping?

2) Can I travel with my current H4 Visa in the last week of July 2013? (H4 is expiring on Jul 31st 2013)

Please let me know the possibilities of return plan. Thanks in Advance.

[Attorney_25]

1) Depends on the relative dates of departing and re-entering the US, and filing and approval of the H-1B. There are several permutations with different conclusions.

2) Generally, yes.

You may want to consult with a qualified attorney to create a detailed strategy. Perhaps there is an attorney filing your H-1B who can help you.