H4 to H1 -> Can i travel to india URGENT

[new2visa]

Hi,
I am currently on a H4 Visa and i have filed for my H1 visa in the month of April. Wanted to know if i could travel back to India before my H1 Visa gets approved Or Is it mandatory for me to stay in US while the processing is going on ?
I have a family emergency ? Please advice.

[abcde]

H4 to H1 transfer/Travel to india

Hi

I dont think so you would be facing any problem while your H4 to H1 transfer is in process if u travel to india as still your H4 visa is valid you are eligible to go and come back anytime. This is my view but be sure to consult some legal people so that you get a clear picture of this issue.



Thanks
abcde

[new2visa]

Actually i was in India in the month of March. Then i had to come to the US in April to get my H1 visa processing started. The legal people said that i had to be physically present in US to get my H1 Visa filed. So now i was wondering if i had to be in the US for the whole processing time.

Actually this is my back up plan. If my mother will not be able to get her tourist visa within the next 2 months i plan to travel to India.

BTW do u know any legal people from whom i can find out this info ?