Query regarding India Travel

[kirtik]

Hi,
I have a query regarding India Travel and wanted to confirm, if there won't be any issues with traveling to India.
I am currently on a valid F2 Visa and have an I20 that is valid through December.

I have also applied for an H1B Visa and it currently shows RFE Status.

I have made travel plans to India for the month of September and planning to travel on my F2 Visa.

Below are my queries:

1) Can I legally be outside USA, while my H1B Visa is getting approved and enter back on a dependent Visa.
2) If I return on 30th September, will I have to get my H1B Visa stamped (incase it gets approved)? What are the risk involved?
3) Will there be any Immigration issues later, once I reach USA? Say in the month of October or so once I start working?

Thanks,
K

[raghvi]

Hi,
I have a query regarding India Travel and wanted to confirm, if there won't be any issues with traveling to India.
I am currently on a valid F2 Visa and have an I20 that is valid through December.

I have also applied for an H1B Visa and it currently shows RFE Status.

I have made travel plans to India for the month of September and planning to travel on my F2 Visa.

Below are my queries:

1) Can I legally be outside USA, while my H1B Visa is getting approved and enter back on a dependent Visa.
2) If I return on 30th September, will I have to get my H1B Visa stamped (incase it gets approved)? What are the risk involved?
3) Will there be any Immigration issues later, once I reach USA? Say in the month of October or so once I start working?

Thanks,
K

1. There is no law preventing you from leaving US but its not in your interested to do so now. If you leave US while your COS is pending, then the COS is considered abandoned. The petition may get approved as consular processing but you would not automatically move to H1 from 01-Oct-2014.
2. If you are returning after 21-Sep-2014, then I would advise you get the H1 stamping done and return.
3. As explained above, if you travel without first getting H1 approved, then you would have difficulty as COS would be abandoned.

This is my opinion not legal advice.

[kirtik]

Thank you so much for the reply on my post.