My Spouse H4 to H1B (2016 Work Visa) - India Visit

[h1belephant]

Hi,

My Spouse is in H4 Status in the USA since march 2015 and We have applied for her H1B for 2015 Quota. Luckily, my spouse H1B Visa is in the lot and waiting for the Approval Notice(I-797). Meanwhile, she became pregnant and wants to go to India for delivery. Will she allowed to Travel now? If yes, what visa she needs to travel to India and back to USA? She is planning to come back by March 2016, Whether any issues H4 to H1B Change of Status? When she can start using the H1B Visa?

Thanks!!

[raghvi]

Hi,

My Spouse is in H4 Status in the USA since march 2015 and We have applied for her H1B for 2015 Quota. Luckily, my spouse H1B Visa is in the lot and waiting for the Approval Notice(I-797). Meanwhile, she became pregnant and wants to go to India for delivery. Will she allowed to Travel now? If yes, what visa she needs to travel to India and back to USA? She is planning to come back by March 2016, Whether any issues H4 to H1B Change of Status? When she can start using the H1B Visa?

Thanks!!

She would be allowed delivery as long as she is deemed medically fit to travel. All she needs to travel to India is a valid Indian Passport. Avoid Europe as transit if her H4 visa is expired.

As for traveling back into US that's a different issue. If she is planning to come back in March 2016 on H1 visa she would need to first attend H1 visa stamping for self and using the H1 visa she can enter US. If in March she enters US on her existing H4 visa, her employer would have to file a H4 to H1 COS before she can begin using the H1.

Her COS from H4 to H1 would be abandoned if she travels. Remember H1 petition may still get approved but COS as it is no longer holds any meaning for her if indeed she is planning to travel outside US before Oct 2015.

Also, remember to get H4 visa for the newborn too.

This is my opinion not legal advice.