Traveling after filing for an H1

[breakfastdrive]

I'm filing for a new H1 for the 2015 quota in April. Docs will be sent on April 1st.

I'm currently in the US on a H4. I'm planning to travel out of the country from April 7-15.

Would I be able to come back on my H4 with this?

[raghvi]

I'm filing for a new H1 for the 2015 quota in April. Docs will be sent on April 1st.

I'm currently in the US on a H4. I'm planning to travel out of the country from April 7-15.

Would I be able to come back on my H4 with this?

You would be able to come back on H4 as long as you have a valid H4 visa in your passport, but the H1, if selected, would not be approved as COS.

A COS is considered abandoned if one travels before it is approved. The future employer would have to file another H4 to H1 COS.

This is my opinion not legal advice.

[breakfastdrive]

You would be able to come back on H4 as long as you have a valid H4 visa in your passport, but the H1, if selected, would not be approved as COS.

A COS is considered abandoned if one travels before it is approved. The future employer would have to file another H4 to H1 COS.

This is my opinion not legal advice.

I'm not filing on premium. So does this scenario work:
- File on April 1st
- Go out and come back before H1 is approved...I doubt it'll happen by April 15th
After this if I get H1 approved will the COS be approved?

Thanks!

[raghvi]

I'm not filing on premium. So does this scenario work:
- File on April 1st
- Go out and come back before H1 is approved...I doubt it'll happen by April 15th
After this if I get H1 approved will the COS be approved?

Thanks!

No, COS will still get denied.

It doesnt matter if it is normal processing or premium. If you travel out of US while a COS is pending the COS would be abandoned.

Either travel after COS approved (if filed in normal processing approval may happen around June-July/ If filed in Premium approval may happen May 1st Week)

OR

Travel now, and return after getting H1 stamped (then you will be able to return on H1 only around Oct 2014)

OR

Travel Now, and file another COS again after returning and H1 approved as consular process.

This is my opinion not legal advice.

[breakfastdrive]

Thanks raghvi! You explained it so much better than my lawyer!