H4 to H1, Travel to India

[rashmeetchhabra]

Hi,

I am currently on H4 and my H1b application has been select in Lottery on April 11 2016. I have planned for India trip from Nov 2016 till Jan 2017 and have H4 stamping in Nov 2016.

1. What will happen to my H1b if approved before my India travel.

2. I understand I will be entering the US on H4 in Jan, will there be any issue for H4 to H1b COS? Can I get that in premium case, how much is the fees?

3. What will happen to my H1b if approved while I am in India?

Please advice.

[raghvi]

Hi,

I am currently on H4 and my H1b application has been select in Lottery on April 11 2016. I have planned for India trip from Nov 2016 till Jan 2017 and have H4 stamping in Nov 2016.

1. What will happen to my H1b if approved before my India travel.

2. I understand I will be entering the US on H4 in Jan, will there be any issue for H4 to H1b COS? Can I get that in premium case, how much is the fees?

3. What will happen to my H1b if approved while I am in India?

Please advice.

It's pretty strange that it has not been approved yet.
There are numerous posts where in the COS was denied because the applicant left US while it was pending.

1. If H1 gets approved before travel and it was applied as COS then you must start working as of COS date, or you go out of status. And if you leave, then in order to return back and work immediately you need to get yourself a H1 visa stamp first.
2. As long as all documentation is good (client letter etc) , don't see an issue. It would take normal fees plus 1200 USD for premium, and of course legal cost etc. Your employer should be paying this, you can pay for the premium.
3.Then you have a choice whether you want to get H1 stamped and enter US in H1 or want to enter in H4 visa and then file a COS. If you enter in H1 status you must work and get paid from day one. If you enter in H4 you cannot work till COS is approved (refer point 2 above).

This is my opinion not legal advice.

[rashmeetchhabra]

H4 to H1, Travel to India

Thanks.

So will there be any negative impact on my H1b if I travel to India before the H1b is approved. Also if I enter the US on h4 and then in Jan 2017 once I am back to US, I can go for H4 to H1 COS. Please suggest if there is any risk on my H1b as I dont want to loose the H1b.

Thanks.

[rashmeetchhabra]

H4 to H1, Travel to India

Hi Experts,

Can you please suggest on the below question. Time is running out and I am really worried on this. I do not want to loose my H1b and I need to travel to India due to personal issues.

[raghvi]

Thanks.

So will there be any negative impact on my H1b if I travel to India before the H1b is approved. Also if I enter the US on h4 and then in Jan 2017 once I am back to US, I can go for H4 to H1 COS. Please suggest if there is any risk on my H1b as I dont want to loose the H1b.

Thanks.

Dont see an issue in travel. The petition will get approved on its merits, you travelling outside before its approval would only impact COS not getting approved, but your employer can always try to file the COS again once you are back in H4.

This is my opinion not legal advice.