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  • H4 Travel during H1 Application Filing

    Hi Everyone,

    This may have been answered multiple time earlier, but couldnt locate the resp thread, hence posting it, need your kind direction - I have a H4(valid until 2019) currently in India due to my job. During the last ~1 year, I have been in US twice on H4[5 months and then 45 days which just concluded in Jan 2017), as well as a B1 trip of three weeks(in Nov 2016).

    Now, my employer will file a H1B petition for me in Apr 2017, at the same time I am planning to visit my spouse/kid in May 2017, now given this situation and above history of travel, will there be any issues if I travel on H4 while H1B is under processing, of course provided it is picked in lottery.

    Pls suggest.

  • #2
    Hi All, Pls share your views.

    Originally posted by sourabh.pd View Post
    Hi Everyone,

    This may have been answered multiple time earlier, but couldnt locate the resp thread, hence posting it, need your kind direction - I have a H4(valid until 2019) currently in India due to my job. During the last ~1 year, I have been in US twice on H4[5 months and then 45 days which just concluded in Jan 2017), as well as a B1 trip of three weeks(in Nov 2016).

    Now, my employer will file a H1B petition for me in Apr 2017, at the same time I am planning to visit my spouse/kid in May 2017, now given this situation and above history of travel, will there be any issues if I travel on H4 while H1B is under processing, of course provided it is picked in lottery.

    Pls suggest.

    Comment


    • #3
      Originally posted by sourabh.pd View Post
      Hi Everyone,

      This may have been answered multiple time earlier, but couldnt locate the resp thread, hence posting it, need your kind direction - I have a H4(valid until 2019) currently in India due to my job. During the last ~1 year, I have been in US twice on H4[5 months and then 45 days which just concluded in Jan 2017), as well as a B1 trip of three weeks(in Nov 2016).

      Now, my employer will file a H1B petition for me in Apr 2017, at the same time I am planning to visit my spouse/kid in May 2017, now given this situation and above history of travel, will there be any issues if I travel on H4 while H1B is under processing, of course provided it is picked in lottery.

      Pls suggest.
      I dont see an issue travelling on H4. Would avoid travelling on B1 though.

      This is my opinion not legal advice.

      Comment

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