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Traveling out of country while H1 is filed

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  • Traveling out of country while H1 is filed

    My H4 expired (along with my husband's H1) on Dec 31, 2013. My husband's company has applied for the extension. However, we plan to go for Premium Processing as we have to travel to our home country (India) in March-end/early-April and we do not want to take any chances.

    I want to apply for my H1 (in April 2014), for which I intend to get in touch with some sponsors.


    Now my questions are:

    1) Can the sponsors go ahead and file the H1 while I am not physically present here in US in the first week of April? Considering that I'll complete all the paperwork prior to leaving for my home country.

    2) Is it OK to travel out of USA after applying for H1? Or this can be a cause of my application being turned down?

    3) I have to get my passport stamped for H4 while in India. Will my H1 filing cause a problem here?

    4) Can being currently 'out of status' cause a problem for H1? Though the extension was filed well within time?


    Please let me know if there are other strings attached, which I am unaware of. I'd like to weight my chances of getting an H1 stamped well, before applying.

    Thanks in advance!

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