India visit during h1 filing

[rashmi13]

Hi,
I am looking forward for my h1 filing on Apr'07 from H4.
Also I am planning a visit to India during May. Are there any chances of rejection, if I make a visit to India when my H1 application is under process.

Please advise.
Thanks
Rashmi

[Subramanya]

Visiting India

I am looking forward for my h1 filing on Apr'07 from H4.
Also I am planning a visit to India during May. Are there any chances of rejection, if I make a visit to India when my H1 application is under process.

---- After filing for H1 while in the US and you move out of the country to visit another country overseas including India you are considered to have abandoned the H1 application. The H1 petition as such may not be rejected but there are chances that it may not be considered for issuance and/or there can be queries in the form of RFE

Subramanya

[baabee_r]

---- After filing for H1 while in the US and you move out of the country to visit another country overseas including India you are considered to have abandoned the H1 application. The H1 petition as such may not be rejected but there are chances that it may not be considered for issuance and/or there can be queries in the form of RFE

Subramanya

How should they know that I moved out of the country?

[Subramanya]

H1 issues

How should they know that I moved out of the country?

There is nothing easier than that!!!

---- At the Port of Departure you will be handing over the I-94 to the airline/airport authorities and they inturn send that I-94 to USCIS and they can further track the number to your name and then to your address

---- In case you do not handover and later they come to know that you delayed, forgot adn any other reasons they send for an RFE. All this is not difficult to answer but you will keep replying till they are satisfied and your H1 will be held in abeyance and thus your employment etc.

Subramanya

[prav_usa]

Hi ,
I am on h1b and my wife is on H4 (valid till October 2008). I am planning to file h1b in April2007. She has plans to visit india before applying h1 and come back around August2007.
Please advice
1) Whether she can travel to india before or after applying h1b application
2) Whether she can come back on H4 (if h1 is not approved by the time she is coming back or even approved)

Please let us know pros and cons and any valuable suggestions.

Thanks,
Kumar