Travel while H1 is in-process

[mpalaparthi]

Hello,

 

here is my wife's situation:

 

She is on H4 visa and planning to apply H1 on Apr 1st 2014

she is planning to visit India for few weeks (from may till Mid August) while H1 is being processing.

she is planning to attend H4 stamping in India

 

My questions:

 

• is it advisable to travel to India while H1 is in process
• also what will be her Visa status & I-94 status if her H1 visa is approved or if it rejected.
• does she have any issue in Port of entry, considering her H1 petition is accepted or rejected. 

Please advice

 

Thanks

[jairichi]

Hello,

 

here is my wife's situation:

 

She is on H4 visa and planning to apply H1 on Apr 1st 2014

she is planning to visit India for few weeks (from may till Mid August) while H1 is being processing.

she is planning to attend H4 stamping in India

 

My questions:

 

• is it advisable to travel to India while H1 is in process
• also what will be her Visa status & I-94 status if her H1 visa is approved or if it rejected.
• does she have any issue in Port of entry, considering her H1 petition is accepted or rejected. 

Please advice

 

Thanks

1. Not advisable if it is filed as change of status.

2. As she re-enters with a H4 visa she would be considered being on H4 status.

3. No.