Travel during H4 - H1 ( Pending)

[venkat007]

Hi,

My wife is currently on H4 and in US. She has applied H1 Application in April 2009. The application is currently pending.

She need to trave to India for a family occasion in July 2009. She is planning to return by Sep 2009 first week.

1) Does she can travel on her active H4 visa and return back on Same?

Requet to pleas advise on this.

Thanks in advance.


Venkat

[arajesh19]

Hi,

My wife is currently on H4 and in US. She has applied H1 Application in April 2009. The application is currently pending.

She need to trave to India for a family occasion in July 2009. She is planning to return by Sep 2009 first week.

1) Does she can travel on her active H4 visa and return back on Same?

--- If she travels outside the US while her H4 to H1B is pending, there are strong chances of an RFE. But in any case, she is allowed to travel back on her H4 visa stamp in the month of September. Technically, since she has already been in the US before, she is allowed to enter on H4 until Sep 30. But, on approval of her H1B petition, she is automatically on H1B starting October 1, if a COS application was filed.

Seniors, please correct if there is an error.

Thanks
Rajesh

Requet to pleas advise on this.

Thanks in advance.


Venkat