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H1 Visa Status Clarification

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  • H1 Visa Status Clarification

    hello everyone,

    i entered USA on h4 visa, last year i applied for h1 visa and got selected in lottery but since then my h1 application is under processing with 2 RFE's, my question is...... we were planning to visit India, in this case can i visit India for a couple of weeks and come back to USA while my h1 visa is still under processing, what are the issues cropping up in my case when i visit India with h1 status still pending, is my status still on h4 as h1 is not yet approved?

    i'd be grateful if someone can give a detailed answer for this question with all the pros and cons associated with my case,

    thanks in advance.

  • #2
    Come back on H4, you will be fine. Even if the case is approved while you are out of US and you filed for COS, COS will be denied and you will have to file for a COS.

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    • #3
      thank you very much Orion. so what i understood is ..... my pending h1 application will not be cancelled though i visit India and come back to USA on h4? even if it is approved while i am in India its just the COS that is denied while i still hold the valid h1 visa, its just that i have to file for a COS again and will be eligible to work in USA thereafter?
      Last edited by kkvv; 02-17-2009, 03:48 PM.

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      • #4
        You got it.

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        • #5
          thank you very much Orion, i appreciate your quick response, cheers.

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          • #6
            what if my employer hasn't applied for COS? will my h1 still remain as it is without termination when i visit India? can i apply now for a COS before visiting India? my h1 is still under processing with 3rd RFE.....
            Last edited by kkvv; 02-23-2009, 04:35 PM.

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            • #7
              H1b processing will continue irrespective of your travel. It is the COS that will get impacted by travel.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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              • #8
                what i want to know is........does the employer automatically file for a COS when filing for h1? if no, can we file anytime during the year for COS?

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                • #9
                  It is the employer's choice. You need to talk to them.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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