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  • Please help me

    Hi,

    I am currently here in US on H4. It is valid till this year September. I wish to apply for H1 this year. As you know, this is done before April 1st of every year. I need to travel to India in April. So if i leave the country after having applied for H1, when i come back in May, will my H1 still be in process or would it become invalid? Or should i go to India before April like say in March and get H1 filed by someone here? If i do so, after how long can i come back to US? Please suggest me the right way.

  • #2
    H1B application will remain in process. Only COS will be void if you travel(if you are applying for COS from H4-H1).


    should i go to India before April like say in March and get H1 filed by someone here? If i do so, after how long can i come back to US?
    If your petition gets approved, you need to go for stamping in that case which you need to go by/after Oct 2009. After stamping you can enter US anytime when job is ready.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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    • #3
      Thank you. All i need to know is wont there be any problem w.r.t.my H1 processing if i leave to India in April and come back in May.

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      • #4
        Thank you. I do have a valid H4 till september for re-entry.

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