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Travel to india and return on h-4 while my H-1 application has just received an RFE

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  • Travel to india and return on h-4 while my H-1 application has just received an RFE

    1.) I'm currently in USA on h4 and have applied for h1. I just got an rfe(18th-october-12) which the employer said they will reply to within the stipulated time limit. I'm planning to travel to india in mid December and come back by 10th of january. can I enter the country on my h4 visa itself if my h1 apllication is still pending? Or will I have to wait in India till my h1 visa approves and will have to get it stamped before entering USA ?
    Or should I avoid traveling to india altogether ?

    2.) Provided that i can reenter the country on H-4 in Jan-13, will I have to reapply for a COS(H4 to H1)

    Thanks in advance for all your valuable inputs

  • #2
    If change of status gets approved before you leave the US, you will need to begin working immediately. Then if you leave the US and return in H4 status, you will need to change status again.

    If change of status gets approved before you return to US in H4 status, you will need to change status again.

    If change of status gets approved after you return to US in H4 status, you will not need to change status again. But you will need to begin working immediately to maintain H1 status.

    If change of status part of the petition gets denied at any time, you will need to change status.
    This is my opinion and not legal advice.

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