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Need guidelines on travelling to India on H4 and H1B in process

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  • Need guidelines on travelling to India on H4 and H1B in process

    Dear Members,

    I need your immediate suggestion for my case.
    I am on dependent VISA(H4) and planning to file H1B this year.

    But i have a plan of travelling to India in the month of March and coming back in June.
    Can you please suggest, if that will create some issues.
    Or is it safe to travel to India after filing my H1B on April 1st week.

    Please suggest to my situation, as what sould be the best option to travel to India.

    Thanking in advance,

    Anita

  • #2
    If you need to travel, then the H1B should be filed for consular process and not as a COS from H4 to H1B. Meaning, you cannot work until you leave the country, get the H1B visa stamped and return back on H1B visa. If you file it as a COS and leave U.S, the COS will be denied. If you file it as a COS from H4 and stay in the country, then your H1B will get approved for COS (with new I-94) which will allow you to work without getting the visa stamped and re-entering in H1B visa.
    Not a legal advice. Use of this information is strictly at your own risk.

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