H1b 2015 picked but wife went to india on H4 and stamped

[srinivaskalagara]

Hi,

 

I'm on H1b and My wife traveled to India on H4 in March 2014 and got stamped.

My employer applied H1b for her on Apr 1st and on Apr 30th it was picked in lottery.

 

1)Can she travel to US on H4 again while H1b still in Processing?

2)If she can traveled back on H4 and does she has to go back to India for stamping once H1b approved?

3)Is it possible to apply for COS once she entered in US with new I-94?

4)Is there any negative impact on her H1b processing because of travelling and issuing new I94?

 

Please throw your suggestions. Thanks!

[jairichi]

 

Hi,

 

I'm on H1b and My wife traveled to India on H4 in March 2014 and got stamped.

My employer applied H1b for her on Apr 1st and on Apr 30th it was picked in lottery.

 

1)Can she travel to US on H4 again while H1b still in Processing?

2)If she can traveled back on H4 and does she has to go back to India for stamping once H1b approved?

3)Is it possible to apply for COS once she entered in US with new I-94?

4)Is there any negative impact on her H1b processing because of travelling and issuing new I94?

 

Please throw your suggestions. Thanks!

 

1. Avoid travel before approval. If she travels before approval then her COS part of H1B petition is considered abandoned.

2. Yes, if she traveled to India before H1B approval.

3. Her employer is the only one who can do it and they have to pay H1B fee again. No sane employer would pay twice H1B fee.

4. No.

[rahul412]

 

1)Can she travel to US on H4 again while H1b still in Processing?

2)If she can traveled back on H4 and does she has to go back to India for stamping once H1b approved?

3)Is it possible to apply for COS once she entered in US with new I-94?

4)Is there any negative impact on her H1b processing because of travelling and issuing new I94?

 

Please throw your suggestions. Thanks!

 

1. Yes she can

2. She can go for stamping or file COS to H1

3. Yes that's possible

4. No.