Applied H4 to H1 in 2015 quota. Need to travel to India.

[shraddhaprasad]

Hi,
I am currently on H4 visa. I have applied for H1 visa in 2015 quota but not received the lottery result yet. I have to go India in June for a family function. i have below questions:

1- If i go out of united states and come back by 30th July on my current H4 and my application is picked in lottery then can i start working in October without going back to India.
2- What can be other complications of my travelling to India while my H1 visa in process and i am not in US.

Thanks,
Shraddha

[raghvi]

Hi,
I am currently on H4 visa. I have applied for H1 visa in 2015 quota but not received the lottery result yet. I have to go India in June for a family function. i have below questions:

1- If i go out of united states and come back by 30th July on my current H4 and my application is picked in lottery then can i start working in October without going back to India.
2- What can be other complications of my travelling to India while my H1 visa in process and i am not in US.

Thanks,
Shraddha

1. No. If you travel while it is still pending then you would have to file H4 to H1 again after returning.

If you must absolutely travel then as soon as you get the receipt ask your employer to upgrade it to premium processing so that you cna have the approval notice in hand before you travel in June.

This is my opinion not legal advice.