H4 to H1 filed..travel to India

[msk_midhun]

Hi,

 

My wife is on H4 right now and she is in US. An employer filed H1b for her. She is planning to go to India now and come back in June. My question is , is it ok to travel out of the country now and can she come back on h4 in case of her h1 gets approved?? 

(my confusion is, in case of her h1 gets approved, her current I94 gets extension, but when she comes back , she will get new I-94..so I am kind of confused about how it works)

 

Any information regarding this, please let me know as this is kind of urgent.

 

Thanks in advance!!

 

 

[rahul412]

my confusion is, in case of her h1 gets approved, her current I94 gets extension, but when she comes back , she will get new I-94..so I am kind of confused about how it works

In this case she might not get a new I94.

[jairichi]

Hi,

 

My wife is on H4 right now and she is in US. An employer filed H1b for her. She is planning to go to India now and come back in June. My question is , is it ok to travel out of the country now and can she come back on h4 in case of her h1 gets approved?? 

(my confusion is, in case of her h1 gets approved, her current I94 gets extension, but when she comes back , she will get new I-94..so I am kind of confused about how it works)

 

Any information regarding this, please let me know as this is kind of urgent.

 

Thanks in advance!!

Avoid travel as if she travels before H1B approval then her COS from H4 to H1B part of cap subject H1B petition is considered abandoned. She can travel back with H4 visa but when she wants to start working either she exits and enters US with a H1B visa and I797 or employer again files for COS and pay H1B fee.

[msk_midhun]

Thanks for the replies!!