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H4 to H1.. travel to India

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  • H4 to H1.. travel to India


    I'm currently on H4 and I have applied for H1 2013 and my application is under process. I was wondering if I could plan for a visit to India somewhere between July to September. Will it in any way have an impact on my H1 processing? Also, I will have to go for H4 stamping if I go to India.. so will the fact that I have applied for H1 here have any effect on my H4 stamping or H1 processing?

    Can someone pls help...

  • #2
    It depends on hyow your H1B was filed? If it is filed as a COS from H4, then you are not suppose to leave. If you leave, then the COS will get declined and the H1B might get approved for consular process. If you had to leave, then wait outside U.S until the H1B petition gets approved and then enter U.S in H1B visa after the H1B effective date and start working for the employer or enter in H4 after the H1B effective date and be a dependent.
    Not a legal advice. Use of this information is strictly at your own risk.