Travel while H4 to H1B COS pending

[redwood3]

Hello, 

 

I am in US for almost 2 yrs on H4 visa and have applied for H-1B this year on Apr 1st 2014. It got selected in lottery. I applied for Premium processing, to get to know the result faster. But I got an RFE. My problem is I need to go to India, as there is a family emergency. But I will return to USA on my H4 visa itself.

I know that it is not suggested to travel outside USA while H4 to H1B COS is pending. But I have few questions :

 

1. Will my H1B petition be rejected solely on the basis that I traveled outside US while my COS was pending ?

 

2. If my H1B petition is approved, even when I traveled outside USA. Can I apply for COS after returning from India ? If Yes, could Family emergency be a valid reason to be given with COS ? 

 

3. OR Do I need to travel back to India to get the H1B stamping ?

 

Please advise. 

 

Thanks in advance

[jairichi]

Hello, 

 

I am in US for almost 2 yrs on H4 visa and have applied for H-1B this year on Apr 1st 2014. It got selected in lottery. I applied for Premium processing, to get to know the result faster. But I got an RFE. My problem is I need to go to India, as there is a family emergency. But I will return to USA on my H4 visa itself.

I know that it is not suggested to travel outside USA while H4 to H1B COS is pending. But I have few questions :

 

1. Will my H1B petition be rejected solely on the basis that I traveled outside US while my COS was pending ?

 

2. If my H1B petition is approved, even when I traveled outside USA. Can I apply for COS after returning from India ? If Yes, could Family emergency be a valid reason to be given with COS ? 

 

3. OR Do I need to travel back to India to get the H1B stamping ?

 

Please advise. 

 

Thanks in advance

1. No.

2. Yes. But, only an employer can file a COS. Employer has to pay H1B fee again. No employer would be willing to pay twice for the same petition.

3. Mostly that is what employer would suggest you.

[redwood3]

Hi  jairichi, thanks for the info. 

[redwood3]

When I travel while my H1b petition COS is still pending, is it necessary to convert COS to Consular Processing ? Or it automatically changes to Consular Processing as I will not be in US at the time ? 

Also does this conversion from COS to Consular Processing need to happen before I go outside US ?

 

Appreciate any info on this 

[jairichi]

When I travel while my H1b petition COS is still pending, is it necessary to convert COS to Consular Processing ? Or it automatically changes to Consular Processing as I will not be in US at the time ? 

Also does this conversion from COS to Consular Processing need to happen before I go outside US ?

 

Appreciate any info on this 

If you travel before approval then COS is considered abandoned and automatically it is consular processing.

[redwood3]

Thanks jairichi, m really for the grateful for the info you provided.