Travel on H4 after getting H1B approval


anand_boss

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Hi,

 

I'm on H1B with employer XXX.  I got my visa stamped in Dec 2010 and I'm now on extension.  My wife is on H4.  Employer YYY had applied for my wife's H1B this year (through premium processing) and we got the email confirmation last week that her petition is approved.  We have made plans to travel to India end of May and return end of August.  I have booked consular appointments for our H1B/H4 stamping as soon as we land in India.

 

1)  I was under the impression that if we travel after my wife's H1B petition is approved, my wife can still get her H4 stamping and come back into US as H4.  Her employer would file an amendment or COS before October so she can start working from Oct 1.  Is this true?

 

2)  I'm not clear when is COS generally filed.  Does her employer need to file COS before our travel?  Or can it be filed after my wife enters US again with H4 visa?  

 

3)  Is there a chance that her COS is already approved with future start data (i.e., Oct 1) as part of her H1B petition?  Do we need to check with her employer on this?

 

P.S.: I'm aware this question has been asked multiple times and I'm sorry if it's a duplicate question.  But I wasn't 100% confident if I found the answer to my specific question. 

 

Thanks,

Anand

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Hi,

 

I'm on H1B with employer XXX.  I got my visa stamped in Dec 2010 and I'm now on extension.  My wife is on H4.  Employer YYY had applied for my wife's H1B this year (through premium processing) and we got the email confirmation last week that her petition is approved.  We have made plans to travel to India end of May and return end of August.  I have booked consular appointments for our H1B/H4 stamping as soon as we land in India.

 

1)  I was under the impression that if we travel after my wife's H1B petition is approved, my wife can still get her H4 stamping and come back into US as H4.  Her employer would file an amendment or COS before October so she can start working from Oct 1.  Is this true?

 

2)  I'm not clear when is COS generally filed.  Does her employer need to file COS before our travel?  Or can it be filed after my wife enters US again with H4 visa?  

 

3)  Is there a chance that her COS is already approved with future start data (i.e., Oct 1) as part of her H1B petition?  Do we need to check with her employer on this?

 

P.S.: I'm aware this question has been asked multiple times and I'm sorry if it's a duplicate question.  But I wasn't 100% confident if I found the answer to my specific question. 

 

Thanks,

Anand

1. Yes. But, if H1B petition is approved as COS then there is no need to file a COS for your wife.

http://www.murthy.com/2013/04/08/h1b-transition-issues-international-travel/

2. Refer 1.

3. Yes, check with employer/attorney.

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Thanks for your response, Jairichi.  If H1B petition is not approved as COS, then can she still travel to India, get H4 stamped and then file COS in September?

 

If yes, does she need to carry her H1B petition when going for H4 stamping or at the port of entry?

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Thanks for your response, Jairichi.  If H1B petition is not approved as COS, then can she still travel to India, get H4 stamped and then file COS in September?

 

If yes, does she need to carry her H1B petition when going for H4 stamping or at the port of entry?

Yes, employer has to file COS and pay H1B fee again. For H4 stamping she needs a copy of your I797.

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Thank you again, Jairichi.  Last question: does the employer have to pay $4000+ H1B fee (i.e., base filing + ACWIA + Fraud Prevention + etc..) again or just the base filing fee of $325?

I am sorry, I am not aware of the fee involved. And, it is irrelevant for you too as it is employer's responsibility.

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