H4 to H1 in Progress. Planning on going on vacation.

[Apotheosis]

Hi All,

 

We have a unique predicament and we wanted to consult those who might have gone through a similar circumstance. 

 

I have a H1 visa that was recently extended till July 2016. My wife is currently on a H4, we have applied for an H1 though a consultant. She was lucky enough to be selected through the lottery.

 

We are planning a vacation to India after my wife's H1 is approved. Since, we need to get visa stamping done while in India, the question is regarding my wife's stamping - would she require the stamping done for the H4 or the H1 or is the choice up to us? We are planning on going to India late July or early August, if the dates are important in any way. 

 

The preference would be to get the stamping for the H4 done and re-enter the US without affecting the COS or the H1 in any way. 

 

This is what the lawyer from the consultant said, 

"If she travels while the application is pending, she will void the change of status request. She will have to go for stamping to activate the H-1B. She can travel after it is approved and must reenter by September for the H-1B to be activated within the country."

 

Please advise. Thank you ! 

 

 

 

[jairichi]

 

"If she travels while the application is pending, she will void the change of status request. She will have to go for stamping to activate the H-1B. She can travel after it is approved and must reenter by September for the H-1B to be activated within the country."

Once her H1B is approved and after her travel she can enter on H4 visa and will automatically move to H1B status from 1st Oct.

[Apotheosis]

Once her H1B is approved and after her travel she can enter on H4 visa and will automatically move to H1B status from 1st Oct.

Thank you for taking the time to reply. So does that mean, that when in India we can proceed with H4 extension stamping for her? My H1 was extended since our last visit to India. 

[jairichi]

Thank you for taking the time to reply. So does that mean, that when in India we can proceed with H4 extension stamping for her? My H1 was extended since our last visit to India. 

Yes, she can go for H4 stamping based on your approved H1B extension.

[Sally]

I got H1B receipt this year and waiting for the approval notice from USCIS. My current status is H4 valid until 2015..

I am planning to travel to India in the month of July' 14 and come back to US by Sep 10, 2014.

Would there be any potential problem in entering US while I would still be on H4? I would really appreciate the response as I'm about to make airline reservation.

 

Thanks.

[jairichi]

I got H1B receipt this year and waiting for the approval notice from USCIS. My current status is H4 valid until 2015..

I am planning to travel to India in the month of July' 14 and come back to US by Sep 10, 2014.

Would there be any potential problem in entering US while I would still be on H4? I would really appreciate the response as I'm about to make airline reservation.

 

Thanks.

If you travel before H1B approval then the COS portion of H1B petition is considered abandoned. Later when you enter on H4 and ready to move to H1B you need to exit and enter US with a valid H1B visa and I797.