H4 travel

[tensedlife]

Hi - 

 

My H4 expires July 1st and I need to make a quick travel to India in next two days for a week. I will return June 14. My attorney told me that my H4 isn't extended and I can only extend after I reach USA.

I asked my attorney if its safe to travel. She says she sees no problem. However no guarantee. I am not sure what that means.

Is it safe for me to travel, if I have the necessary documentation such as H-1B extension until 2018 and so forth?

 

Thanks

 

 

[jairichi]

You can travel with no issue. During your return show a copy of your spouse's old and new I797.

[konika]

Hi,

 

I am currently on H4 valid till 2018 but needs stamping if travels outside the country. I applied for H1B in 2015 which got approved. I am planning to travel to India in the month of July. My concerns are:

 

1) Can if apply for H1B stamping while in India?

2) On which status I will travel back (End on July) as the H1B is going to start from Oct 1st

 

Your advice will be really appreciated.

 

Thanks

[jairichi]

1

 

 

Hi,

 

 

I am currently on H4 valid till 2018 but needs stamping if travels outside the country. I applied for H1B in 2015 which got approved. I am planning to travel to India in the month of July. My concerns are:

 

 

1) Can if apply for H1B stamping while in India?

 

2) On which status I will travel back (End on July) as the H1B is going to start from Oct 1st

 

 

Your advice will be really appreciated.

 

 

 

Thanks

 

1. Yes.

2. If applied as change of status and got approved you can enter US on H4. From Oct 1st with or without stamping you will move to H1B.

[konika]

Current Status: I have a approved H4 petition (expiring in 2018), and i need stamping. Also, I have applied H1B visa for the first time (Adjustment of Status). I have never been on H1 visa earlier. 
1. Can I travel outside country while Adjustment of Status from H4 to H1 is pending? If yes, should i get H4 stamping assuming my H1 application is not approved yet? 
2. If I travel after H1B is approved, and planning to return in July end (assuming start date of H1B is October), should I be getting both H1 and H4 stamping? If only H1 stamping is needed, can i return on H4 visa and H1 stamping (returning in July end)? Or in other words, which stamping i should get and which visa should i return on?

[jairichi]

Current Status: I have a approved H4 petition (expiring in 2018), and i need stamping. Also, I have applied H1B visa for the first time (Adjustment of Status). I have never been on H1 visa earlier. 

1. Can I travel outside country while Adjustment of Status from H4 to H1 is pending? If yes, should i get H4 stamping assuming my H1 application is not approved yet? 

2. If I travel after H1B is approved, and planning to return in July end (assuming start date of H1B is October), should I be getting both H1 and H4 stamping? If only H1 stamping is needed, can i return on H4 visa and H1 stamping (returning in July end)? Or in other words, which stamping i should get and which visa should i return on?

1. If you travel before a decision is taken on your COS to H1B petition then your change of status is considered abandoned but your H1B petition will still be processed as consular processing.

2. If you travel after COS to H1B approval then you can enter with H4 visa. On Oct 1st you will automatically move to H1B status. No H1B stamping is required in this case.