please help on travelling issue ( Subramanya, TXH1B plz help)

[coolguy80]

I am on H4 visa. I have applied for FY 2010 H1B and already got the receipt.

1. Assuming that the petition will be approved, Can I travel to India after the petition is approved?

2. If yes, when can I come back to USA?

3. Do I need to go for H1B stamping in India? Can I go for stamping in June?

Thanx in advance.

[visweshwar2007]

i am also in the same situation...thanks for filing this question coolguy80..
eagerly waiting for the response...

[arajesh19]

I am on H4 visa. I have applied for FY 2010 H1B and already got the receipt.

1. Assuming that the petition will be approved, Can I travel to India after the petition is approved?

--- Assuming the petition is approved in May, June, July, August or September and you wish to travel outside the US, you must get your H1B visa stamped for re-entry to the US. For first time H1B stamping, it is recommended to go to your home country for stamping.

2. If yes, when can I come back to USA?

--- The ideal and recommended timeframe to come back to the US on an H1B visa is just about 10-15 days before Oct 1 or 10-15 days before the first date of your employment/project.

3. Do I need to go for H1B stamping in India? Can I go for stamping in June?

--- Since you are changing your status from H4 to H1B, and you are planning to leave the US, you have to get an H1B stamp on your passport. You can go for stamping in June, but the visa date will not be before the petition start date (which normally is Oct 1). Also, if your employer has not applied for a Change of Status from H4 to H1B, your I-797 will not have an I-94, which means you have to leave the country and get an H1B stamp mandatorily.

Hope this helps. Seniors please correct me if there is an error.

Rajesh

[txh1b]

I am on H4 visa. I have applied for FY 2010 H1B and already got the receipt.

1. Assuming that the petition will be approved, Can I travel to India after the petition is approved?

--- Assuming the petition is approved in May, June, July, August or September and you wish to travel outside the US, you must get your H1B visa stamped for re-entry to the US. For first time H1B stamping, it is recommended to go to your home country for stamping.

If the COS was approved prior to the person leaving the country, the person can return back on existing status like H4, L2 etc and the status will automatically change to H1b from Oct 1st based on Efren Hernandez memo.

2. If yes, when can I come back to USA?

--- The ideal and recommended timeframe to come back to the US on an H1B visa is just about 10-15 days before Oct 1 or 10-15 days before the first date of your employment/project.

If you have a H1b stamped along with another valid visa, you can still use the other visa if you intend to maintain that status and then based on #1 above, you will be fine. If you get H1b stamped and have no other valid status/visa to hold, you can only enter 10 days prior to the start date of H1b.