I am on H4, my husband is changing his job and his H1 has been transferred by new company, can I travel to India during this time.


Prabhjot

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I am on H4 and my husband is changing his job, hir H1 has already been transferred by the company. Can I Tavel to India during this time? He received a mail saying u cannot leave the country before you receive documents. I am not clear what theses documents are. Please guide me if I can leave US in a month or so?

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  • 3 weeks later...

It is not advisable to leave the USA, unless you receive the I-797 form with H4 status and same I-94 number.

In fact, just like your husband's H1 is getting transferred, your H4 will be transferred too..... This transfer application is solely based on I-94 number. If you leave USA the you have to submit the I-94 (which will be cancelled/completed on airport itself).

It means the transfer application pending with USCIS will be VOID after I-94 is washed out.

In other case..... If you wait to receive the I-797, you will receive a new I-94 paper (same number and new I-797) you can still submit both I-94 (one on your passport and other attached to I-797 sheet) while leaving USA.

Your I-797 can be used for your all future immigrations while USA port of entry (means you can travel anytime back to USA).

This way you old stamped VISA will be useful to enter in USA all the time untill it expires.

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