H1 to H4 Transfer or wait for Amendment to approve

[ans2015]

Hi All,

My Company is yet to file my H1B amendment for change of location. I have my H1 stamped till July 2017. I need to travel back to India for a short duration during
the month of November. Now, I have few questions regarding my case here:

a) Is it Advisable to travel to india while my H1B amendment is still pending(once my company files it) with USCIS.

b) If it is not advisable to travel while my amendment is till pending. Can I Apply for H4 and come back to US as my wife is in US with Valid H1.

c) Will my H1 be still Valid when I get my H4 COS and come to US.

I would really appreciate for quick help on this.

[mrcoolbuddy]

If you reenter US on H4, your H1 will no longer be valid and you need to file a new cap exemption H1b to activate. It's always advisable to not to leave US while amendment is in progress to avoid any complications. You can talk to your attorney for more details.

All the best.

[ans2015]

If you reenter US on H4, your H1 will no longer be valid and you need to file a new cap exemption H1b to activate. It's always advisable to not to leave US while amendment is in progress to avoid any complications. You can talk to your attorney for more details.

All the best.

Thank u mrcoolbuddy.

- - - Updated - - -

Thank u mrcoolbuddy.