Travel to India during F2 to H1


RadhikaPradeep

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Hi,

 

On several occasions I read that it is not advisable for some reasons to travel out of the USA while the COS is under progress.

 

I am trying to get H1 filed next year (with premium processing most probably). And I want to travel to India to attend my sister's marriage sometime after July.

 

Given the scenario, am I not allowed to get back to the US before Oct 1? Do I have to get my H1 visa stamped before I travel back?

 

Thanks

Radhika

 

 

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Hi,

 

On several occasions I read that it is not advisable for some reasons to travel out of the USA while the COS is under progress.

 

I am trying to get H1 filed next year (with premium processing most probably). And I want to travel to India to attend my sister's marriage sometime after July.

 

Given the scenario, am I not allowed to get back to the US before Oct 1? Do I have to get my H1 visa stamped before I travel back?

 

Thanks

Radhika

If your H1B gets approved during your stay in India then it is considered as abandoning COS. If you enter on F2 later and want to start working from Oct 1st on H1B either you have to exit and enter US on H1B visa or employer applies again for COS.

 

But, if your H1B gets approved before your travel to India you can enter back on F2 and automatically move to H1B status from Oct 1st as it would be considered that COS is approved.

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  • 2 weeks later...

If your H1B gets approved during your stay in India then it is considered as abandoning COS. If you enter on F2 later and want to start working from Oct 1st on H1B either you have to exit and enter US on H1B visa or employer applies again for COS.

 

But, if your H1B gets approved before your travel to India you can enter back on F2 and automatically move to H1B status from Oct 1st as it would be considered that COS is approved.

 

Thanks for your reply.

 

I understand that premium processing certainly helps to avoid the trouble that will created if the COS is approved when in India.

 

Q1: if filed with premium processing, how long will it take at max to get to know about the status change?

Q2: In case the H1 gets approved when in India and I enter US on F2, can my employer file for H1 under cap-exempt category?

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Thanks for your reply.

 

I understand that premium processing certainly helps to avoid the trouble that will created if the COS is approved when in India.

 

Q1: if filed with premium processing, how long will it take at max to get to know about the status change?

Q2: In case the H1 gets approved when in India and I enter US on F2, can my employer file for H1 under cap-exempt category?

1. 15 calendar days from the date your premium clock starts.

2. Yes. In that case employer has to pay H1B fees again.

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  • 2 weeks later...

Hi,

 

What is the maximum time it takes to get a H1 COS with premium processing under any circumstance, for eg., if an RFE was issued, etc.

 

 

Thanks

Radhika

Once USCIS gets a response for RFE again it takes 15 calendar days in PP.

 

I got to know that the PP clock can be stopped indefinitely! Under what cases is that usually done. Will that convert the petition to general processing?

15 calendar days you will get a decision or else employer gets the  premium processing money back.

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