travel to India while H-4 to H-1B change of status (COS) approved or in process


itsme10

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Posted

Hi Everyone,

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

Iam in US on H4 (extension)visa. Iam applying for H4 to H1B COS by April 1st 2013 doing premium processing and lets say H4 to H1B COS gets approved by April 30th 2013. So in this case, whether i can travel to India in may 2013 and return back to US before 1st Oct 2013 on H4 visa.

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

Can i go for stamping on H4 having H1B approval?

will this affect my I-94 and create any trouble at port of entry???

If i apply under normal process can i travel and come back when my h1b application is still under initial review??

Please help to get this thing clarified.

Thanks

Posted

Travel during a pending change of status request abandons the change of status request. Generally, travel after a change of status has been approved for some date in the future does not abandon the change of status. It would be advisable to discuss personal immigration matters with a qualified immigration attorney.

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