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H1b application on h4 status

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  • H1b application on h4 status

    I am currently on a h4 visa in USA and planning to apply for h1b visa. I understand I need to provide my i94 doc for application
    I have to travel to India from mid May 2016 to July 2016

    1) will there be an issue in traveling on h4 and returning on h4 while h1b is in process
    2) if my h1b application gets selected will the provided i94 be invalid
    3) can I apply for h1b with out of country status

  • #2
    1) will there be an issue in traveling on h4 and returning on h4 while h1b is in process
    >>> That depends on whether your H1B will be filed as a COS from H4 or if it will get filed for consular process. If it is filed as a COS, then you cannot travel. If you travel, then the COS will be denied. If filed for CP, then you cannot work after the approval until you file a COS from H4 to h1B again or you should leave and re-enter using H1B visa,

    2) if my h1b application gets selected will the provided i94 be invalid
    >>> If filed as a COS from H4, then if the H1B is approved, it will come with a new I-94. That is provided you stay in the country while yur H1B is getting processed (you should travel until Oct 1st and return back on H4).

    3) can I apply for h1b with out of country status
    >>> Yes. That is called consular process.
    Not a legal advice. Use of this information is strictly at your own risk.

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