H4 to H1

[chandu1807]

I am in US on H4, applying for H4 to H1 through consular processing. Can i travel out of US when H4 to H1 visa is in process ?

 

Presently i am in US on H4 visa. i found a sponsor to transfer my visa from H4 to H1. (applying this year, 2014). i need to travel out of US in the last week of April.

1. So, can i apply for H1through consular processing and travel out of US in the last week of April? (i will be back after 2 or 3 months).

2. Also let me know if it is a problem to travel out of US while my H4 visa is in process from H4 to H1.

3. Can i come back to US on H4?

[jairichi]

I am in US on H4, applying for H4 to H1 through consular processing. Can i travel out of US when H4 to H1 visa is in process ?

 

Presently i am in US on H4 visa. i found a sponsor to transfer my visa from H4 to H1. (applying this year, 2014). i need to travel out of US in the last week of April.

1. So, can i apply for H1through consular processing and travel out of US in the last week of April? (i will be back after 2 or 3 months).

2. Also let me know if it is a problem to travel out of US while my H4 visa is in process from H4 to H1.

3. Can i come back to US on H4?

1. Since H1B petition is filed as consular processing you can travel outside US when the petition is being processed.

2. No.

3. Yes. But, to start working either you exit and enter US with a H1B visa or employer files for COS and pay H1B fee again.

[chandu1807]

Thanks a lot.
4. I need to go for H4 visa stamping in abroad along with my husband (on H1 B visa)  as we got extensions for 2 years on our visas which were expired on Aug'13.  Will there be any problem for visa stamping in abroad (India) when my visa is under process in US? (from H4 to H1 through consular processing)

[jairichi]

Thanks a lot.

4. I need to go for H4 visa stamping in abroad along with my husband (on H1 B visa)  as we got extensions for 2 years on our visas which were expired on Aug'13.  Will there be any problem for visa stamping in abroad (India) when my visa is under process in US? (from H4 to H1 through consular processing)

Nope, you are fine.

[romanb4u]

I was having the same question. 

I am currently on H1B with stamping done and my wife is on H4 here in US along with me. Now  I am planning to file H1 to my wife. Now my questions are

1) Can she travel to India in April/May on H4 while her H1 application is under process ans return on H4 before october?

2) Do I need to file consular H1 processing.

 

From the answers given above - I am assuming answer to Q1 is Yes. But not sure about 2nd one.

 

Also I heard there is COS (change of Status) application thats required while converting from H4 to H1.

 

Please let me know what should be the process.

[jairichi]

I was having the same question. 

I am currently on H1B with stamping done and my wife is on H4 here in US along with me. Now  I am planning to file H1 to my wife. Now my questions are

1) Can she travel to India in April/May on H4 while her H1 application is under process ans return on H4 before october?

2) Do I need to file consular H1 processing.

 

From the answers given above - I am assuming answer to Q1 is Yes. But not sure about 2nd one.

 

Also I heard there is COS (change of Status) application thats required while converting from H4 to H1.

 

Please let me know what should be the process.

I believe an employer is filing and not you.

If her employer files her H1B petition as COS and if she travels outside US before approval then her COS part of H1B petition gets abandoned. She can return with H4 visa but later when she wants to start working on H1B either she exits and enter US with a H1B visa or employer applies for COS and pay H1B fee again.