Can I travel to India on approved H4 extension while my H1 is in process?

[a_shubhi2004]

I have approved H4 extension and my H1B is in process for April 2014.I am planning to visit India in June
My Questions are:
1)If I am travelling to India then I have to go for H4 stamping while coming back as I don't have stamped H4 Visa?
If so there will be any problem for my H4 stamping as my H1B visa is also in process?
2)If my H1B visa is approved then while returning from India I need to go for H4 extension stamping or H1 Visa stamping?
If I am going for H1 stamping then can I come back to USA before October 2014?

[raghvi]

I have approved H4 extension and my H1B is in process for April 2014.I am planning to visit India in June
My Questions are:
1)If I am travelling to India then I have to go for H4 stamping while coming back as I don't have stamped H4 Visa?
If so there will be any problem for my H4 stamping as my H1B visa is also in process?
2)If my H1B visa is approved then while returning from India I need to go for H4 extension stamping or H1 Visa stamping?
If I am going for H1 stamping then can I come back to USA before October 2014?

If you travel before your COS is approved, it will be abandoned. So if your H4 to H1 COS is not approved by USCIS before June/your departure date then am afraid the H1 will be approved as consular process.

1. Yes, if you want to return then you would have to get H4 or H1 stamping done. With H4 stamping done you can enter as soon as stamping is done, with H1 stamping , the earliest you can got for H1 stamping is August, and if successful stamping, the earliest you can enter on that H1 is Sep 20th, and the earliest you can work on that H1 is 01-Oct-2014.

2. Read above. In addition, if you travel out of US after your H1 approval then its fine, but if you travel afterwards, you have to refile a H4 to H1 after coming back.

The challenge is to ensure you have to h1 COS approval before June 2014, file in premium processing to have a decent chance of that happening.



This is my opinion not legal advice.

[kamann]

Hi,

Did you travel on june 2014? Does it cause any issues?

I'm planning to go this year around same time after applying H1b. So your reply will really help a lot.

I have valid H4. I dont need any stamping as such. Say if I travel from jun to July on H4, will that be ok or it'll cause any plm for my H1 process?

Thanks!