Urgent ! Travelling to India on H4 while H1B is in Process

[sridhar.ibm]

Hi,

My wife will be travelling to India while on H4 but she has her H1B under process. The H1B petition was filed in the first week of August'05. She can get H4 stamping by end of October. Currently, the H1B petitons filed in Arpil are being processed.

1. Can she get H4 stamped while her H1 is still under process ?
2. Can she travel back to India with H4 stamped on her passport if H1B were to be approved after she gets her H4 stamped and the time she travels back to the US ?
3. Are there any other issues around this ?

I know that it is best to avoid travelling in such circumstance but she has to travel due to an emergency.

Thanks !

Sridhar

[veena_swsh]

Hi Sridhar,
You wife can travel back on her H4 if by her return to US, the H1B has not been approved. But if the approval comes while she is in India, she will need to take a H1B stamping to be on the safer side and prevent complications in future stampings.