Travel during H4 to H1b

[kgandham3]

Hello,

My wife is on H4 and planning to file for H1b this year from one of the employer. Questuon is that can she travel to India while there is response pending from USCIS. She will have to travel towards end of May. If she travels during the decision pending with USCIS for H1b what would be the implications? Suggest the best


Thanks in advance.

[rkk09]

Hi,
She can travel... But try to return before end of June.. If her name got selected, Usually you will have time till June 30 to file the petition.. So, If she can return before end date, you can file the petition with New I-94.. In another way, during decision time, if she is out of country, then high possibilities of getting approved with consular processing.. But one thing you did not mention whether she has H4 visa, if so till what date? But please note, H1B will be effective only from Oct 01 onwards...