Visiting India while H1/H4 is in process

[neptunecbe]

Hi, I am working in L1b visa and my wife is in L2 visa currently not working. My visa is valid till mid of next year 2014. My employer is applying for my H1b in this April along with H4 for my wife.

We need to travel to India by this September to attend an important wedding which we cant avoid. We will be back by end of September.

Will there be any problem with our H1/H4 processing due to our travel? If so what is it? At least can my wife make the travel without any issues?. We will be re-entering USA using our valid L1/L2 status when we come back. Please let us know are there any implications.

Thanks in advance.

[Attorney_25]

Under the conditions you state, the part of the H-1B and H-4 applications that is a request for change of status will be abandoned when you depart the US. So your H-1B petition can be approved, but the change of status canot, and change of status to H-4 cannot. Therefore, once you arrive back in the US an dH-1B amendment requesting change of status and a new H-4 change of status will need to be filed. Or you can wait for H-1B approval outside the US and apply for H-1B and H-4 visas, and use them to re-enter the US.

If the H-1B change is approved before you leave, then the conclusion is different. In either case, there is no benefit to request an H-4 change of status in April.

Please consult with a qualified immigration attorney to plan your strategy in more detail.