Travel while H1 to H4 is in process

[nandyp]

Hi,

I have been on H1 for over 6 years and my 140 got rejected recently. I am planning on applying for H4 based on my husbands H1(since I cant apply for H1 anymore).
My current H1 is expiring the first week of this November. If I start my H4 application process now, can I still travel to India in December while the application is in process? Please advise.

Thanks Much.

[raghvi]

Hi,

I have been on H1 for over 6 years and my 140 got rejected recently. I am planning on applying for H4 based on my husbands H1(since I cant apply for H1 anymore).
My current H1 is expiring the first week of this November. If I start my H4 application process now, can I still travel to India in December while the application is in process? Please advise.

Thanks Much.

If your H4 is not approved by December and you travel while it is pending your stay beyond 6 Years completion would be considered out of status period.

This is my opinion not legal advice.

[shervin143]

A COS from H1B to H4 will take about 4-5 months to get a decision. You are not supposed to travel when the petition is pending. If you are anyways planning to travel, then it is better that you leave the country before your current H1B I-94 expires and return back on H4 visa. That way, you don't have to file the COS.