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travel to India after applying h1b premium

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  • travel to India after applying h1b premium

    hello all

    I'm on H4 visa now..planning to apply for h1b visa thru premium process on April 2016. After applying for h1b premium can I travel to India for 3 months..(may 1 st week travel and ll be returning to August 1st week). Is there any risk involved..please suggest me..

  • #2
    Not advisable. This will get you into status confusion. Technically, if you travel, then you will have to return the I-94 that came with the H1B approval, since you are not supposed to have any I-94 when you are out of the country. When you return back on H4 visa, you will get an I-94 associated with the H4 status and you status will remain to be H4. You will have no clue whether your status changed to H1B or not as of Oct 1st.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      can i travel to india after applying my H1b

      hi,

      Currently i am in H4 filling my H1b this april 2016 and planning to visit india by april 17th and returning on may 10th is this good to do... will this travel affect my H1b plz help me on this doubt....

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      • #4
        In that case you cannot file the H1B as a COS from H4. If you file the H1B as a COS from H4, then you are not supposed to leave the country. You can file the H1B for consular process. But in that case, you cannot work for the employer unless you file an amendment to change your status from H4 to H1B or until you leave the country, get the H1B stamped and return back.

        Originally posted by rajesh.karunanithe View Post
        hi,

        Currently i am in H4 filling my H1b this april 2016 and planning to visit india by april 17th and returning on may 10th is this good to do... will this travel affect my H1b plz help me on this doubt....
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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