travel to India while H1b processing

[vrkravi]

HI,

I am currently in the US in H1B visa(valid till Dec 31 2010) sponsored by a university(Quota exempt). I have got a job in a company. The company is going to apply for H1b visa for me. I am planning to travel to India.

1. Is it ok to leave the US while the H1b is under processing with the USCIS. ?

2. How about if the company gets the H1b approval while i am in India and mails the approval notice for me and my wife(H4) to my Indian address. In this case, can I come back to the US in Sept without going for visa stamping in India.

I would greatly appreciate any advice on this matter.

Thanks
Ravi.

[shervin143]

1. Is it ok to leave the US while the H1b is under processing with the USCIS. ?
>> It is not advisable to leave the country when an application for transfer is pendin with USCIS unless you decide to get the H1B stamped and return back as the approval may come as a consular process.

2. How about if the company gets the H1b approval while i am in India and mails the approval notice for me and my wife(H4) to my Indian address. In this case, can I come back to the US in Sept without going for visa stamping in India.
>>> If you want to enter U.S in H1B status, then you need to get the H1B stamped and re-enter in H1B visa.

[vrkravi]

clarification pls

Hi Shervin,
Thanks for your response.

I and my wife have a valid H1b and H4 till DEc 31 2010. So can't we use that valid visa to re enter the US in Sept 2010 irrespective of whether we have the new h1b approvals or not.

I would appreciate your clarification.

Thanks
Ravi

[shervin143]

If you already have a valid H1B and H4 stamped in your passport, then you can sure enter U.S using that visa. In that case, if your employer can courier you the approved petitions and by showing them at the POE, you both can get an I-94 that is valid till the new petition expiry date.

Hi Shervin,
Thanks for your response.

I and my wife have a valid H1b and H4 till DEc 31 2010. So can't we use that valid visa to re enter the US in Sept 2010 irrespective of whether we have the new h1b approvals or not.

I would appreciate your clarification.

Thanks
Ravi