Currently I am on H4 visa in USA with expiry of June 30, 2012. My spouse has applied for his new H1B from July 1st onwards till October 2014. The petition was received by USCIS on May 25th under premium processing. My spouse H1 and my H4 extension application both were applied together.
I also have a Cap subject, Regular H1 B petition pending with USCIS through a Consultant, ( my first time ever H1 B petition to start work from October 1st 2012 under the 2013 quota). this h1b application was received by USCIS on Friday May 25th as well and not under premium processing.
I desire to travel to India to meet family and return by July end. Please advise of the possible scenarios and things to be kept in mind.
- Can I travel after my H4 extension is approved and H1 B application is still pending? If yes, what if my H1B application gets approved in the meantime while I am in India? Will they send the H1 B approval notice with a new I 94 attached with it?
- If I leave for India after I applied for H1B while in USA on H4 status: can the H1 B application get rejected because I went out of USA ? Should I have applied for consular processing. However I plan to return to USA by July end itself on H4 extension stamp visa.
- Will I have a problem in US consulate for stamping of extended H4 visa, while I have my own pending H1 B application pending/ approved with USCIS - for work beginning from October 1st.
- Assuming I get the H1 B visa approved, will I need to get the H1B stamped before I start work? This question is in the background of the fact that I travelled to India and back to USA while I applied for H1B while in USA and not applied for consular processing?
What is safest option in this condition? Shall I get my H1B under premium processing now and travel after getting both the 2013 H1B and extension of H4 approval?
I plan to come back on H4 visa and then apply for change of status to H1B, approx 2-3 weeks before October 1st ?
I also have a Cap subject, Regular H1 B petition pending with USCIS through a Consultant, ( my first time ever H1 B petition to start work from October 1st 2012 under the 2013 quota). this h1b application was received by USCIS on Friday May 25th as well and not under premium processing.
I desire to travel to India to meet family and return by July end. Please advise of the possible scenarios and things to be kept in mind.
- Can I travel after my H4 extension is approved and H1 B application is still pending? If yes, what if my H1B application gets approved in the meantime while I am in India? Will they send the H1 B approval notice with a new I 94 attached with it?
- If I leave for India after I applied for H1B while in USA on H4 status: can the H1 B application get rejected because I went out of USA ? Should I have applied for consular processing. However I plan to return to USA by July end itself on H4 extension stamp visa.
- Will I have a problem in US consulate for stamping of extended H4 visa, while I have my own pending H1 B application pending/ approved with USCIS - for work beginning from October 1st.
- Assuming I get the H1 B visa approved, will I need to get the H1B stamped before I start work? This question is in the background of the fact that I travelled to India and back to USA while I applied for H1B while in USA and not applied for consular processing?
What is safest option in this condition? Shall I get my H1B under premium processing now and travel after getting both the 2013 H1B and extension of H4 approval?
I plan to come back on H4 visa and then apply for change of status to H1B, approx 2-3 weeks before October 1st ?
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