H4 to H1 travel

[h1btraveller2013]

Hi,

 

I am currently on H1 working in US and my wife is on H4. She has found an employer for her to file an H1B petition for her this year (April 2014). But now we have to travel back for two weeks, since my father is in a critical condition. I wanted to know about the feasibility. Below are my questions.

 

1. I have heard that while her H1B petition is in process, it is better for her to travel. Is this true or is there any loop hole I can make use of?

2. Can she travel to India after her petition is approved and come back before October to work in H1B?

3. Lets say, she is not travelling, If I am travelling for two weeks and she stays back, is that okay? Do I need to be present in US always for her to maintain status?

 

Kindly help me with this.

 

[jairichi]

Hi,

 

I am currently on H1 working in US and my wife is on H4. She has found an employer for her to file an H1B petition for her this year (April 2014). But now we have to travel back for two weeks, since my father is in a critical condition. I wanted to know about the feasibility. Below are my questions.

 

1. I have heard that while her H1B petition is in process, it is better for her to travel. Is this true or is there any loop hole I can make use of?

2. Can she travel to India after her petition is approved and come back before October to work in H1B?

3. Lets say, she is not travelling, If I am travelling for two weeks and she stays back, is that okay? Do I need to be present in US always for her to maintain status?

 

Kindly help me with this.

1. No loop hole. Her H1B petition will be processed if selected in lottery but COS part will be abandoned.

2. Yes.

3. As long as your trip is a short stay she is fine being here.