newhorizons Posted July 1, 2015 Report Posted July 1, 2015 Hello, I am in a unique situation and would like immediate advise. I was in the USA on H4 visa. When I got my H1 approval, my employer filed for change of status. We got a RFE on this. In the mean time, due to emergency, I had to travel to India. I have attended the interview and got the approval. I have received my passport with stamping. I am planning to travel back to the USA next week. We have received an email saying that H4-H1 transfer is denied. Does this have any implication on my current stamping and travel? Please respond at the earliest possible. Regards, NH.
jairichi Posted July 1, 2015 Report Posted July 1, 2015 Since you traveled before approval of COS petition the COS is considered abandoned. This will have no effect on you entering with a valid H1B visa and I797.
rahul412 Posted July 1, 2015 Report Posted July 1, 2015 I have attended the interview and got the approval. I have received my passport with stamping. I am planning to travel back to the USA next week. I think you have H4 visa stamp. If this is true then you are good to go. What was the reason for H1 denial?
jairichi Posted July 1, 2015 Report Posted July 1, 2015 I think you have H4 visa stamp. If this is true then you are good to go. What was the reason for H1 denial? COS is denied and that will be due to travel outside US before adjudication of H1B petition.
rahul412 Posted July 1, 2015 Report Posted July 1, 2015 So you mean to say that COS is denied not H1. In that case, you cannot travel to US on H1 before 30 days( I guess) of your 797 start date.
Attorney_21 Posted July 1, 2015 Report Posted July 1, 2015 newhorizons: Do you have an H4 or an H1B visa stamp? - it's not clear from your question... I suspect that the change of status application was denied because you traveled while it was pending, which is legally correct.. As long as you have the correct visa in your passport (i.e don't enter on an H4 with the expectation that you can immediately start working) you should be fine.
newhorizons Posted July 2, 2015 Author Report Posted July 2, 2015 Thank you for the responses. While COS is pending, I have traveled to India. For the last one year I had H4 stamping. My H1 interview at Chennai Consulate was approved on June 11th. I intend to travel back to the USA on 5th July. So from the above responses I believe that I am good to travel. Regards, NH.
jairichi Posted July 2, 2015 Report Posted July 2, 2015 Thank you for the responses. While COS is pending, I have traveled to India. For the last one year I had H4 stamping. My H1 interview at Chennai Consulate was approved on June 11th. I intend to travel back to the USA on 5th July. So from the above responses I believe that I am good to travel. Regards, NH. You can travel with a valid H4 visa and a copy of your spouse's I797 now. To travel on H1B you can enter not more than 10 days before H1B start date with a valid H1B visa and I797.
rahul412 Posted July 2, 2015 Report Posted July 2, 2015 Thank you for the responses. While COS is pending, I have traveled to India. For the last one year I had H4 stamping. My H1 interview at Chennai Consulate was approved on June 11th. I intend to travel back to the USA on 5th July. So from the above responses I believe that I am good to travel. Regards, NH. I don't think you can enter on H1 on July 5th. You cannot enter on H1 30days before your 797 start date.
newhorizons Posted July 7, 2015 Author Report Posted July 7, 2015 Thank you all for the responses. My H1 actual start date was in 2014. I was on H4 to take care of my Daughter. I have traveled back to USA on July 6th. Immigration Pre-Clearance was decent at Abu-Dhabi.
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