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Regarding H1 petition awaiting approval / can I go to India in the meanwhile ?

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  • Regarding H1 petition awaiting approval / can I go to India in the meanwhile ?

    Hi,

    Currently I am on H4 visa and it is valid till September 1st, 2014. My husband got his H1B and my H4 extension approved for next 3 years (valid till Aug, 2017).

    I applied for H1B this year and my application has been picked up in the lottery and I am awaiting H1B petition approval.

    I am planning to go to India in August for 2 weeks. I would want to go to India once my H1 is approved.

    Please let me know the obligations (if any) for my trip to India.

    Any advice is much appreciated.

    Thank you.

    Regards,
    Divya
    Last edited by Divya V; 05-15-2014, 04:37 PM.

  • #2
    Regarding H1 petition awaiting approval / can I go to India in the meanwhile ?

    Hope your H1 petition was submitted as a COS.

    It's all depend how you want to return to the country. If you want to return on H1, then you have to go for H1 stamping to return on H1. Otherwise you can return on H4 if you hVe valid visa during the travel, and then apply COS again from H4 to H1.

    This is my opinion.

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    • #3
      Thank you for the swift response.

      Sry, I don't know if it is COS. Actually when I talked to my consultant he said that the H1 application would be cancelled if I am going to India before approval and if I am going after approval then my H4 stands cancelled and that I have to return to USA with H1 stamping. Is that true ?

      Please advice.
      Last edited by Divya V; 05-15-2014, 05:12 PM.

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      • #4
        Regarding H1 petition awaiting approval / can I go to India in the meanwhile ?

        Well, it looks the petition was submitted as a Change of status.

        If you travel before the approval, the COS process would get terminated and you might receive RFE asking for the reason however I don't think it would get denial decision. USCIS may approve your petition as a consular process and you have to travel out of the country to get H1 stamped.

        If you travel after the approval and before the effective date, then it's depends on the visa that you are going to get into the country. If your h4 visa is valid during the travel, you don't have to go for H1 stamping and you can apply H1 COS again.

        Again, during all these process, You would never know what USCIS do or ask. I cannot comment anything for sure.

        This is my opinion.

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        • #5
          My H4 visa is till this Sept 1 (and I am planning to travel from August 1 to 28), though I have the approved extension (till 2017) that I need to get it stamped if I am going to India.

          Will there be any question raised about my already approved (let us suppose) H1 while I get my H4 extension stamped ?

          Please advice.

          -Divya
          Last edited by Divya V; 05-15-2014, 06:59 PM.

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          • #6
            Regarding H1 petition awaiting approval / can I go to India in the meanwhile ?

            Technically you don't have to go for stamping if you are traveling back before the visa expiry. You will get new I 94 based on the approved H4 extension petition.

            If you still want to go for a stamping, I think they will be more focusing on your H4 visa than other visa however no one can predict what the visa officer would ask.

            This is my opinion.

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