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H4 to H1 application is in RFE process. Wiil we can travel outside US?

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  • H4 to H1 application is in RFE process. Wiil we can travel outside US?

    This is regarding my wife H1 visa. Currently my wife is on H4 visa in Atlanta i.e valid till Sept 30th (i-94 valid till October 10th).This year she applied H1 and through in lottery now it went to RFE. her Employer will be answering in one or two weeks and My H1B extension also in progress.
    I have couple of questions needs to get answer based on that I am planning her travel back to India. Please help me by clarifying this below questions.

    If H1 visa application RFE in process with USICS, will it impact the application if the applicant travel outside to US i.e. India during that time? Any chance of void/cancel any other?
    Incase her H1 petition is approved while she is out of USA. Will she get H4 visa if she want to come to US? Will they issue H4 visa in India though she is having H1 approved petition?

  • #2
    If H1 visa application RFE in process with USICS, will it impact the application if the applicant travel outside to US i.e. India during that time? Any chance of void/cancel any other?
    >>> If her H1B was filed as a COS from H4, then if she travels when the petition is pending, then the COS will be denied. H1B might get approved for consular process. If she is planning to travel back to U.S only after getting the result of the H1B petition, then she can travel.

    In case her H1 petition is approved while she is out of USA. Will she get H4 visa if she want to come to US? Will they issue H4 visa in India though she is having H1 approved petition?
    >>> Yes. She can apply for H4 visa even after the H1B petition approval. If she returns in H4 visa, then she cannot work. To work the employer will need to a file a COS from H4 to H1B and that should get approved or she will have to leave the country, get the H1B visa stamped and return back.
    Not a legal advice. Use of this information is strictly at your own risk.

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