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Applying H1 while on H4 and travelling to India

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  • Applying H1 while on H4 and travelling to India

    I am planning to apply for H1b for this year on April 1st 2016 through an employer. My present status is H4 and extension is applied and still in waiting status.Hoping it will get approved sometime in first week of March.I want to travel to India for vacation.

    1)I want to travel to India in Febrauary 2016 and get H4 extension stamped in March/April.I will travel back to US on H4 by April end before my H1 gets approved.
    Can my employer apply H1b on April 1st while I am in India.Can I travel back to US anytime between April and October.What are the complications that will arise?Will there be chance of my H1 be rejected if I undergo this process?

  • #2
    Expecting a reply asap...

    Please reply on this thread if anyone is aware of the process..

    Comment


    • #3
      Originally posted by konap2 View Post
      I am planning to apply for H1b for this year on April 1st 2016 through an employer. My present status is H4 and extension is applied and still in waiting status.Hoping it will get approved sometime in first week of March.I want to travel to India for vacation.

      1)I want to travel to India in Febrauary 2016 and get H4 extension stamped in March/April.I will travel back to US on H4 by April end before my H1 gets approved.
      Can my employer apply H1b on April 1st while I am in India.Can I travel back to US anytime between April and October.What are the complications that will arise?Will there be chance of my H1 be rejected if I undergo this process?
      The biggest complication due to your travel is that H1 would need to be applied as Consular not as Change of Status.

      There are three things that need to happen in order for you to start working in H1 status from 01-Oct-2016 (or later as soon as H1 is approved)
      1. You need to be in US in valid status (or pending an extension/COS) as of date of filing (01-April-2016).
      2. You need to be in US in valid status as of 30-Sep-2016, if date requested for start of employment is 01-Oct-2016.
      3. You should not have traveled, outside US, while the H1 COS was pending.

      As you will be travelling out in Feb, and would not be in US at the time of application the H1 can be filed only as consular process. Subsequently a COS would have to be filed. So would suggest you make the employer aware of your travel plans.

      This is my opinion not legal advice.

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