Travel india h4 to h1 cos (pending/approval)

[MuraliM2008]

Hi All,

My spouse is currently on H4 status in USA, and H4 is valid till sep 30 2009. She filled H1b on April 1st 2009 as change of status (COS).Which is still in
progress not yet received receipt number.

Can she travel in MAY 09 to India for a visit in H1B PENDING or APPROVAL staus and return USA before her H4 validity expires on h4 and avoid H1 visa stamping at india and start working from oct 1. If yes what all documents she need to carry at port of entry in return.

Note : My h1 is also under transfer from company A to company B. Her h4 is thru cocmpany A. Will it affect in any way.


Thanks
Murali

[kabkaba]

Hi All,

My spouse is currently on H4 status in USA, and H4 is valid till sep 30 2009. She filled H1b on April 1st 2009 as change of status (COS).Which is still in
progress not yet received receipt number.

Can she travel in MAY 09 to India for a visit in H1B PENDING or APPROVAL staus and return USA before her H4 validity expires on h4 and avoid H1 visa stamping at india and start working from oct 1. If yes what all documents she need to carry at port of entry in return.

Note : My h1 is also under transfer from company A to company B. Her h4 is thru cocmpany A. Will it affect in any way.


Thanks
Murali

She will need your petition approval notice and her H4 visa on return and she can do that before October 1 not after, unless the case is still pending.
If the case is under review while she is outside the country, the COS part of H1 petition may be denied (only petition may be approved). If this happens, she will need to either obtain H1 visa and enter or apply for COS after returning on H4 visa.