Burns Posted June 11, 2014 Report Share Posted June 11, 2014 Hi, I am currently in US since Aug 2013 on H4, filed H1 in healthcare in april 2014 and got into lottery awaiting for approval. My employer has back office in India as well. Can i plan a visit to India for more than 3 months, knowing the fact i would have to get H1 stamp before entering with I797 approval came. My husband has new I797, so i have new H4 visa, the previous H4 stamped visa no more valid now. How safe it is to travel India during this change of staus? And what all stamping issues may arise? I do not want to risk anything now as this is the first time H1 for me. Should i stay back in US ? Can i come back in Nov or Dec if stamping is delayed or due to other reasons? please help as i need to take decision soon. Link to comment
jairichi Posted June 11, 2014 Report Share Posted June 11, 2014 Avoid travel. If you travel before H1B approval then your COS portion of H1B petition is considered abandoned. Anytime after Oct 1st you can enter with a valid H1B visa and new I797. Link to comment
Burns Posted June 11, 2014 Author Report Share Posted June 11, 2014 Avoid travel. If you travel before H1B approval then your COS portion of H1B petition is considered abandoned. Anytime after Oct 1st you can enter with a valid H1B visa and new I797. But i plan to come back on H1 Visa with stamping. I did not understand the technicality of "H1B approval then your COS portion of H1B petition is considered abandoned." Could you please elaborate more?? Link to comment
jairichi Posted June 11, 2014 Report Share Posted June 11, 2014 But i plan to come back on H1 Visa with stamping. I did not understand the technicality of "H1B approval then your COS portion of H1B petition is considered abandoned." Could you please elaborate more?? If you are planning to enter on H1B visa and I797 10 days before your H1B start date you are fine. Link to comment
Burns Posted July 1, 2014 Author Report Share Posted July 1, 2014 I am on H-4 visa( I 539 - valid till May 2015) and got picked up in H-1 lottery(may-2014) awaiting H-1 approval. I want to travel India in July 2nd week 2014 and plan to come back with H-1 in the month of Oct 2014 or afterwards. I just got the update that i got a RFE on my petition and it was in normal processing. 1. How safe it is to travel during this status with pending H-1 approval with RFE? 2. Is there any specific dates to come back to US to maintain my H-1 status(time limit for stamping and entering) 3. Can i go for H-1 stamping before Oct? 4. Does the RFE means it is more prone to go denial? Link to comment
jairichi Posted July 1, 2014 Report Share Posted July 1, 2014 I am on H-4 visa( I 539 - valid till May 2015) and got picked up in H-1 lottery(may-2014) awaiting H-1 approval. I want to travel India in July 2nd week 2014 and plan to come back with H-1 in the month of Oct 2014 or afterwards. I just got the update that i got a RFE on my petition and it was in normal processing. 1. How safe it is to travel during this status with pending H-1 approval with RFE? 2. Is there any specific dates to come back to US to maintain my H-1 status(time limit for stamping and entering) 3. Can i go for H-1 stamping before Oct? 4. Does the RFE means it is more prone to go denial? 1. No issue. Your COS is considered abandoned. You need to enter US with a H1B visa if you want to start working from Oct 1st. 2. You can go for H1B stamping after approval. But, you can enter US with a H1B visa not more than 10 days before your H1B start date. 3. Yes. 4. No. What is RFE about? Link to comment
Burns Posted July 3, 2014 Author Report Share Posted July 3, 2014 1. No issue. Your COS is considered abandoned. You need to enter US with a H1B visa if you want to start working from Oct 1st. 2. You can go for H1B stamping after approval. But, you can enter US with a H1B visa not more than 10 days before your H1B start date. 3. Yes. 4. No. What is RFE about? My employer has not shared any details. Link to comment
Burns Posted July 10, 2014 Author Report Share Posted July 10, 2014 My employer has not shared any details. The RFE is on some missing documents from employers end. Organization chart missing, they found lack in establishing relationship between onsite and offsite location of the company and some missing information on financial statements. No idiea if this could lead to denial. But i am afriad and waiting for decision. If i get denial i am planing to leave US immediately and to start some job in India. Link to comment
jairichi Posted July 11, 2014 Report Share Posted July 11, 2014 The RFE is on some missing documents from employers end. Organization chart missing, they found lack in establishing relationship between onsite and offsite location of the company and some missing information on financial statements. No idiea if this could lead to denial. But i am afriad and waiting for decision. If i get denial i am planing to leave US immediately and to start some job in India. Hope that your attorney responds promptly and your petition gets approved. Good luck. Link to comment
Burns Posted July 14, 2014 Author Report Share Posted July 14, 2014 Hope that your attorney responds promptly and your petition gets approved. Good luck. Thank you so much. I appreciate your suggestion. Link to comment
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