Travelling out of US while H4 to H1B is in process


balati

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Hi,

 

 

I am in H4 VISA status in US and I found an employer who has applied for H4 to H1B transfer for this year (April 2014) in a regular processing. My application get selected in lottery and my case received RFE and the employer submitted the necessary documents against RFE, and  waiting for the RFE process response.  Now I need to travel to India (my home country) for two months what are my best options for H1B processing not get affected.  Here are some more details:

 

1. My husband changed his job in the month of June'2015. Since there is an employer change we have to go for stamping when we travel our of US. While the H1B is in processing state:

   (a) If I travel out of US, does that action causes my H1B process abandoned?

   (b) and If I went for H4 stamping in India does that cause my H1B process abandoned?

 

2. what if, when I am in India, and got my H4 stamped and after that my H1B got approved?

    (a)  Do I need to go for stamping again for H1B in India to enter into US with H1B VISA? 

(b)  or, enter into US with H4 VISA and then request employer to apply for COS from H4 to H1 again (under cap exempt). 

 

3. Wait until H1B process results come-out and then act accordingly (the least option for me, if there is no other way)

 

3. I have a valid i94 is until June-2017. 

 

Highly appreciate your comments on this situation. 

 

 

Thank you.

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1. Your travel before H1B approval will lead to abandoning COS part of H1B petition and not H1B petition as a whole. And, just that your spouse changed employer there is no need for new H4 visa stamping if your current H4 visa is valid.

2. a. If you would like to work on H1B after arrival to US then get your H1B stamped in India.

    b. Employer has to pay again for COS to H1B and no sane employer would do so.

3. Yes.

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