H4 - H1 Change of status - Travelling to India

[nirmala.vijayr]

Hi Everyone,

I am on H4 right now valid till 2017. I have applied for a H1B from US and it is on RFE status right now hoping it would take another 1 or 2 Months to get approved. I am planning to travel to india by this november end for my pregnancy and planning to come back in Aug 2016. I am planning to work after that. If that is the case what are the consequences i can say process do i need to follow when i need to come back to USA? I need not go for H4 stamping as i have valid one till 2017. But i need to go for H1B stamping in India. If my petition is approved example by Nov end do i need to start working immediately or i go into out of status state? What are the best options to utilize my H1B?
Can you please guide me with your inputs.

Thank you!

[shervin143]

Since you are leaving the country while the H1B petition is under progress, if it gets approved, it will get approved for consular process. When you are outside U.S, you hold no status, so you can't go out of status. When you decide to return back, you can either comeback in H4 visa and be a dependent or you can return back in H1B visa and begin working immediately.

[nirmala.vijayr]

Since you are leaving the country while the H1B petition is under progress, if it gets approved, it will get approved for consular process. When you are outside U.S, you hold no status, so you can't go out of status. When you decide to return back, you can either comeback in H4 visa and be a dependent or you can return back in H1B visa and begin working immediately.

Thanks for responding!!

- If i want to come back on H4 then do i have to apply for change of status from H1 to H4 or what is the process. ? I believe one can not hold two visas at the time of arrival here in US.

Can you please reply with your inputs.

[shervin143]

Like I said, when you are outside U.S, you hold no status. So you cannot file change of status when you are in no status at the first place. In order to return back in H4 status, you need a valid H4 visa in the passport. You should carry your spouse's H1B approval notice to show at the POE. Your I-94 will be issued until your spouse's H1B petition expiry date or until your H4 visa expiry date.

Thanks for responding!!

- If i want to come back on H4 then do i have to apply for change of status from H1 to H4 or what is the process. ? I believe one can not hold two visas at the time of arrival here in US.

Can you please reply with your inputs.