Can i travel outside USA after filling H1 petition anf return back to USA in H4 visa

[praush]

Hi,

Hello, I am currently in USA in H4 visa through September 2014 and i am going to apply for H1 visa in April 2014.
I am planning to travel to India in April 2014 and return to US by June 2104.

If my H1 visa petition is picked in lottery, can i travel to India during the above period? Do i need to go for stamping in this scenario?
What is change of status? does that automatically start after my H1 petition approval?

Please help me on this.

Thanks
Praush

[raghvi]

Hi,

Hello, I am currently in USA in H4 visa through September 2014 and i am going to apply for H1 visa in April 2014.
I am planning to travel to India in April 2014 and return to US by June 2104.

If my H1 visa petition is picked in lottery, can i travel to India during the above period? Do i need to go for stamping in this scenario?
What is change of status? does that automatically start after my H1 petition approval?

Please help me on this.

Thanks
Praush

H1 can be applied as Consular Process OR as Change Of Status. If you apply as Consular Process then the Consulate outside US is informed about your case and they decide whether to grant you H1 visa or not when you attend H1 interview.

If applied as Change of Status (H4 to H1 Change of Status in your case), upon approval, you automatically would move to H1 from H1 start date and must work and earn to maintain H1 status.

Now, Change of Status is considered abandoned if a person travels while it is pending. So if you travel in April, though the H1 petition may be approved, the Change of Status will be denied. Hence you would not automatically move to H1 status from H1 start date. In such a scenario, in order to move to H1 , either you get H1 stamped, and return on H1 OR, file an amendment to convert from Consular to COS.

This is my opinion not legal advice.

[praush]

Can i travel outside USA after filling H1 petition anf return back to USA in H4 visa

Thank you so much. I really appreciate your quick response.

Please correct me on my below understanding and advice me.

In my case, wherein i am applying for change of status from H4 to H1, once the H1 petition is approved, do i start on H1 visa immediately(COS starts on H1 approval?) or October 1st? or anytime between April and September 30?
If H1 visa starts on October 1st, then between April and September what is my visa status?
So if my COS is denied due to travel, i can file an amendment to convert from consular to COS?
Personally, i just want to travel to India before i start my work, is it wise to travel or is the risk higher?