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Can I travel on H4 visa if I hold approved H1B but didnt submit ChangeOfStatus

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  • Can I travel on H4 visa if I hold approved H1B but didnt submit ChangeOfStatus

    Hi,

    I came in US with H4 visa valid till Sept'2014. My visa was filled by my husband's company say company X. In Apr'2012 I filled for H1B visa with the help of a consultant. By the time I got my H1B petition approved, my husband left Company X and joined a new company say Company Y. New company has transferred my husband's visa but we didn't transfer my H4 visa to my husband's new Company Y because my H1B was already approved.

    Around the same time we came to know that I am expecting a baby so I haven't started working on H1B and my consultant has not filled 'Change of Status' till now.

    Current status is - My husband's H1B got transferred to new company. I am still holding H4 visa which was filed by my husband's old company (Company X). I also have H1B approved petition but haven't filled 'Change of status'. Our current visa and I94 is valid till Sept'14.

    My question - If I will go India on vacation in Dec'13 and come back on Jan'14.
    Question.1 - Can I come back on same H4 visa (filled by Company X) as it is still valid till Sept'14.

    Question.2 - Can I transfer my H4 to my husband's new company (Company Y) and travel to India and come back on old visa and show new I-797 on port of entry?

    Question.3 - If answer to my first question is NO, Do I have to go for stamping in India and come back on H1B?

    I am in big confusion right now. Any inputs will be greatly appreciated.

    Thanks,
    Divya

  • #2
    please suggest .... its urgent.

    I have to go to india due to some personal reason please suggest some thing

    Comment


    • #3
      Originally posted by divspat View Post
      I have to go to india due to some personal reason please suggest some thing
      As long as you are sure that you didnt do a COS to H1 then you should be good to travel with your existing H4 visa in Dec. Technically there is nothing call H4 visa transfer.

      You dont need to go for new H4 stamping, while coming back show the immigration officer your spouse's H1 latest petition with company Y and associated documentation if asked and you should be good.

      This is my opinion not legal advice.

      Comment


      • #4
        Travel outside USA after H1 visa petition submission

        Hi,

        Hello, I am currently in USA in H4 visa through September 2014 and i am going to apply for H1 visa in April 2014.
        I am planning to travel to India in April 2014 and return to US by June 2104.

        If my H1 visa petition is picked in lottery, can i travel to India during the above period? Do i need to go for stamping in this scenario?
        What is change of status? does that automatically start after my H1 petition approval?

        Please help me on this.

        Thanks
        Praush

        Comment

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