Travel while H1 is in processing- urgent

[sg050287]

Hi All,
Here is my situation. Please guide me.
I came to US on L1B visa and moved on to H4 with COS. So no Visa stamped but i got H4 approval Letter with new I-94.
This year my H1 is filed with a consulting company. The current status of the H1 is in RFE. Employer responded to RFE but the status is still processing as of today.

I got an urgent work, so i need to travel india in Oct 2nd week.

Is it possible to attend for H4 stamping in india:
1) if H1 petition is approved before i travel.
2) if H1 petition is still pending while i travel.

Please suggest me. Appreciate your response. Thanks.

[Nattybone]

Hello, SG.

My personal opinion. I am not a professional.

Stamping visit for you seems inevitable now. Scenario 1) If your H1B is approved, i feel, you are still free to pick up H4 and come to US on H4, as your H4 is dependent on your spouse's H1. Scenario 2) If your H1 is pending, then there is no option but to go for H4.

But, should your H1 approval come, and you choose to go for H1B stamping, please do bear in mind the increasing number of 221Gs, you also might get one.

These are personal thoughts, i am not a professional.

Wishing you luck.

Cheers,

Hi All,
Here is my situation. Please guide me.
I came to US on L1B visa and moved on to H4 with COS. So no Visa stamped but i got H4 approval Letter with new I-94.
This year my H1 is filed with a consulting company. The current status of the H1 is in RFE. Employer responded to RFE but the status is still processing as of today.

I got an urgent work, so i need to travel india in Oct 2nd week.

Is it possible to attend for H4 stamping in india:
1) if H1 petition is approved before i travel.
2) if H1 petition is still pending while i travel.

Please suggest me. Appreciate your response. Thanks.

[sg050287]

Hello, SG.

My personal opinion. I am not a professional.

Stamping visit for you seems inevitable now. Scenario 1) If your H1B is approved, i feel, you are still free to pick up H4 and come to US on H4, as your H4 is dependent on your spouse's H1. Scenario 2) If your H1 is pending, then there is no option but to go for H4.

But, should your H1 approval come, and you choose to go for H1B stamping, please do bear in mind the increasing number of 221Gs, you also might get one.

These are personal thoughts, i am not a professional.

Wishing you luck.

Cheers,

Thanks for the quick response.
In case if i got H4 and my H1B approved after i visit india, will there be any issues to convert from H4 to H1 COS.

[Nattybone]

Hello,

If your question is that you enter USA on H4 and then try to switch to H1 - No, I do not think that is an issue. You are allowed to switch status from H4 to H1.

These are my personal thoughts. I am not a professional.

Hope this helps.

Wish you luck.

Cheers,

Thanks for the quick response.
In case if i got H4 and my H1B approved after i visit india, will there be any issues to convert from H4 to H1 COS.