H4 to H1 :travel to India

[csiyer78]

Hi

I am currently on a H1B Visa expiring July 2016. And my spouse is on a H4.
Both of us have got our visas stamped after extension.
Right now my spouse is currently in India for a vacation.

A consultancy firm here in the US had agreed to sponsor and file a H1B for my spouse.

She's planning to come to the US in January 2015.
If my spouse files for a H1B while on a H4 Visa - Can my spouse travel back to India after the filing process and return back to the US after she gets her H1B approved ?
She is currently doing her Masters degree in India

Please help me out with this

Thanks
CS

[raghvi]

Hi

I am currently on a H1B Visa expiring July 2016. And my spouse is on a H4.
Both of us have got our visas stamped after extension.
Right now my spouse is currently in India for a vacation.

A consultancy firm here in the US had agreed to sponsor and file a H1B for my spouse.

She's planning to come to the US in January 2015.
If my spouse files for a H1B while on a H4 Visa - Can my spouse travel back to India after the filing process and return back to the US after she gets her H1B approved ?
She is currently doing her Masters degree in India

Please help me out with this

Thanks
CS

Its never a good idea to mix a COS and travel.

There are two way H1 can be applied as Consular Process and as Change Of Status.

If she is in US at the time of application and H1 applied as COS. Then if she travel before H1 approval then the petition may get approved but COS would most probably get denied. A denial of COS would need her to go for H1 stamping and return. If she travel after H1 COS approval but travel back into US before COS start date then she would automatically move to H1 from COS start date and must work and get paid while on H1.

If she is in US at the time of application and H1 applied as consular process. Then once H1 petition is approved in order for her to move to H1 she would need to go for H1 stamping and get h1 stamped in order to move to H1.

There could be lot more permutations and combinations possible lottery or no lottery, premium processing or non premium processing, RFE or no RFE.

This is my opinion not legal advice.