Travelling to India on H4 while H1 application is approved

[Jai005]

Hi

I'm on currently on H4 visa which expired on Jan-2014(same as my husband's visa exp dt).

My husband h1b extension application is already approved and both of our I94s are extended till Dec-2015.

My husbands employer is willing to process my H1B as H4 to H1B Change of Status(COS) Premium Processing this year April-2014.

I have to travel to india this month and planning to return before end of Mar-2014 so that my H1B can be applied as H4-H1B change of status.

1. If i'm traveling to India now, Please confirm If I will have to go for H4 Visa stamping?

2. During this period my Husband is going to transfer his h1b Visa to different employer. If my h4 visa stamping is done with end date as Dec-2015 prior to employer change of my husband, will I be able to travel with the new H4 visa or should my H4 visa has to be transferred to new employer.Do I need to go for H4 stamping again with petition of my husband's new employer.

3. Assuming I make it to US as planned before end of March and my h4 2 H1B COS visa is filed on premium and approved before end June-2013. Will I be able to leave the country during July-2014 after receiving the COS approval notice and come back to USA in Sep-2014 on my H4 visa. Will my H1B visa approval become invalid? Or should I go for H1B stamping ?

Is it not advised to travel after H1B COS is approved till 1 OCt?

[raghvi]

Hi

I'm on currently on H4 visa which expired on Jan-2014(same as my husband's visa exp dt).

My husband h1b extension application is already approved and both of our I94s are extended till Dec-2015.

My husbands employer is willing to process my H1B as H4 to H1B Change of Status(COS) Premium Processing this year April-2014.

I have to travel to india this month and planning to return before end of Mar-2014 so that my H1B can be applied as H4-H1B change of status.

1. If i'm traveling to India now, Please confirm If I will have to go for H4 Visa stamping?

2. During this period my Husband is going to transfer his h1b Visa to different employer. If my h4 visa stamping is done with end date as Dec-2015 prior to employer change of my husband, will I be able to travel with the new H4 visa or should my H4 visa has to be transferred to new employer.Do I need to go for H4 stamping again with petition of my husband's new employer.

3. Assuming I make it to US as planned before end of March and my h4 2 H1B COS visa is filed on premium and approved before end June-2013. Will I be able to leave the country during July-2014 after receiving the COS approval notice and come back to USA in Sep-2014 on my H4 visa. Will my H1B visa approval become invalid? Or should I go for H1B stamping ?

Is it not advised to travel after H1B COS is approved till 1 OCt?

1. Yes.
2. You should attend the visa with your spouse's I797 copy of the employer he is working with at the time of interview. You should travel with the I797 of the employer with whom your husband is working at the time of the travel , you can still use the newly stamped visa as long as you travel with the latest petition.
3. Lot of assumptions but yes, it is possible without you needing to go for H1 stamping. COS is abandoned if one travels while it is pending so, if you travel after its approval it would be valid upon your return as long as you return prior to COS start date.

This is my opinion not legal advice.