Travel During H4 to H1 conversion

[Bharathirajatrk]

HI ,

Can someone please help me with my situation now?

 

I am on H1B and my wife is on H-4 and we both are in US.

 

Fortunately her H1 Visa is picked in the lot for 2015 which is effective from OCT 2015.Now for some very important personal reasons we need to go India in August. Since my wife's H1 is picked and is being processed, which of the option would be best to avoid any denial on her H1B.

 

1) Wait for the petition to be approved and travel India in august 2015 and come back in September 2015  on H4.

 

2) Travel out of country before petition approval and come back to US on H4 and then amend the petition for Change of status again.(Not sure of the success Rate).

 

Please some one suggest a good option if any of you have faced /facing the same situation.

[jairichi]

A denial of H1B petition does not occur due to travel. A denial of COS occurs if your spouse travels before adjudication of H1B petition. In that case to work on H1B either she exits and enters US with a valid H1B visa and I797 or an employer has to file a COS to H1B petition and pay H1B fee again. Will her employer will be willing to pay twice for the same petition?

[Bharathirajatrk]

Thanks Much Jai for your time and Response!!!

 

So will the COS has to be filed again in both cases (I.e) Travel before approval and Travel after approval? Please clarify.

[jairichi]

Thanks Much Jai for your time and Response!!!

 

So will the COS has to be filed again in both cases (I.e) Travel before approval and Travel after approval? Please clarify.

Check with employer whether H1B petition was filed as COS. If she travels after approval and enters US on H4 visa in September she will automatically move to H1B status from Oct 1st. But, if she travels before approval then a COS petition has to be filed whenever she wants to move to H1B status.