H4 to H1 and Travel to India

[krishna_tgkk]

Hi

 

My Wife is on H4 as of now and is valid till May 2015.

Planning to Apply to H1 in the month of April.  But she has to travel to India in the month of May and return back in a week.

 

Will there be any issues on H1 Application and can she return back on H4.

 

Thanks

Krishna

[jairichi]

Hi

 

My Wife is on H4 as of now and is valid till May 2015.

Planning to Apply to H1 in the month of April.  But she has to travel to India in the month of May and return back in a week.

 

Will there be any issues on H1 Application and can she return back on H4.

 

Thanks

Krishna

If her H1B petition is filed as COS and it gets approved after her travel to India then to start working from 1st Oct either she has to exit and enter US with a valid H1B visa or employer files again for COS and pay again H1B fees.

[pontevecchio]

If her H1 with COS is not approved before she leaves she will end up needing a h1 visa before starting work if her petition is approved.

[breakrulez]

Hi Guys, I am in similar situation. I am on H4 visa (stamped till 2015) and the employer has applied H1B with COS. H1B got approved and the job starts coming July(its a residency program for hospital so it starts in July). So before it starts can I go to India and come back on the H4 visa, without going for the stamping?

[jairichi]

Hi Guys, I am in similar situation. I am on H4 visa (stamped till 2015) and the employer has applied H1B with COS. H1B got approved and the job starts coming July(its a residency program for hospital so it starts in July). So before it starts can I go to India and come back on the H4 visa, without going for the stamping?

If it is approved as COS with a later start date then you can enter with a H4 visa and automatically move to H1B status from H1B start date.

[pontevecchio]

First run it by the employer/HR. You can do this. Also getting a H1 visa should not be any problem for you.