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  • Travel on H1 while H1 is under processing

    Hi,

    Currently I am on H4 visa and applied for H1. My H1 has been picked up in the lottery and is under processing. I have a job in India and planning to travel for 3 months starting from May 15th to Aug 15th.

    1. Can I travel to India on H4 and come back on H4, while my H1 is under processing
    2. Can i travel to India on H4 and come back on H4, while my H1 is approved before my travel
    3. I am not sure whether my employer applied for COS or not? Will there be any issue if my COS is approved before my travel.
    4. Do I have to go for Visa stamping in either case 1 or 2

    Please suggest

  • #2
    Originally posted by usc View Post
    Hi,

    Currently I am on H4 visa and applied for H1. My H1 has been picked up in the lottery and is under processing. I have a job in India and planning to travel for 3 months starting from May 15th to Aug 15th.

    1. Can I travel to India on H4 and come back on H4, while my H1 is under processing
    2. Can i travel to India on H4 and come back on H4, while my H1 is approved before my travel
    3. I am not sure whether my employer applied for COS or not? Will there be any issue if my COS is approved before my travel.
    4. Do I have to go for Visa stamping in either case 1 or 2

    Please suggest
    What does your H1 sponsor think about the travel? Do they even know about it?

    First thing you got to determine is whether your employer applied as COS or not. Secondly, whether it was applied in premium or not. Pretty sure they applied is as a COS since you are in US at time of the application.
    1.You can travel but your COS will get abandoned.
    2. If you travel after getting the COS approval, you can return back to H4 before 01-Oct-2014 and would automatically move to H1 from 01-Oct-2014.

    In either case you need not go for stamping. If COS approved before your travel , good, return before H1 start date. If COS not approved, return and file a H4 to H1 COS again. In the second instance it will be slightly more challenging to get the employer to do so.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by usc View Post
      Hi,

      Currently I am on H4 visa and applied for H1. My H1 has been picked up in the lottery and is under processing. I have a job in India and planning to travel for 3 months starting from May 15th to Aug 15th.

      1. Can I travel to India on H4 and come back on H4, while my H1 is under processing
      2. Can i travel to India on H4 and come back on H4, while my H1 is approved before my travel
      3. I am not sure whether my employer applied for COS or not? Will there be any issue if my COS is approved before my travel.
      4. Do I have to go for Visa stamping in either case 1 or 2

      Please suggest
      My Employer applied for COS already.
      My H1 processing is premium One.
      I would prefer to go to India once my COS is approved and come back my end of August.

      Thank you very much for the quick response.

      - - - Updated - - -

      Originally posted by raghvi View Post
      What does your H1 sponsor think about the travel? Do they even know about it?

      First thing you got to determine is whether your employer applied as COS or not. Secondly, whether it was applied in premium or not. Pretty sure they applied is as a COS since you are in US at time of the application.
      1.You can travel but your COS will get abandoned.
      2. If you travel after getting the COS approval, you can return back to H4 before 01-Oct-2014 and would automatically move to H1 from 01-Oct-2014.

      In either case you need not go for stamping. If COS approved before your travel , good, return before H1 start date. If COS not approved, return and file a H4 to H1 COS again. In the second instance it will be slightly more challenging to get the employer to do so.

      This is my opinion not legal advice.
      Hi,

      My Employer applied for COS already.
      My H1 processing is premium One.
      I would prefer to go to India once my COS is approved and come back my end of August.

      Thank you very much for the quick response.

      Comment

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