Travel during H4 to H1

[diddip]

Hi,
My wife is on H4 and she is in USA. A company has filed for her H1 and we did not even get the receipt till now. She is planning to travel in last week of May and come back in Sep. Below are the questions and really appreciate if I can get answers.

1. Can she travel when her H1 is pending?
2. Her H1 application was filed as a change of status. By travelling outside the country, will the "Change of Status" be abandoned or the entire H1 application is abandoned?
3. Her H4 stamping in the passport has expired. But she has her new H approval. Can she go and get H4 stamped in May when she goes to India?
4. Presuming her H4 is stamped in chennai, can she travel back on H4 in september even though her H1 is approved by then?
5. What is the best way to handle this scenario without affecting the H1 application and without dropping the travel plan?

[Subramanya]

H4 issues

[QUOTE=diddip]Hi,
My wife is on H4 and she is in USA. A company has filed for her H1 and we did not even get the receipt till now. She is planning to travel in last week of May and come back in Sep. Below are the questions and really appreciate if I can get answers.

1. Can she travel when her H1 is pending?

---- It is advisable not to travel outside the country till the H1 is cleared/approved

2. Her H1 application was filed as a change of status. By travelling outside the country, will the "Change of Status" be abandoned or the entire H1 application is abandoned?

---- The issue can go either way, but for sure it will be one or the other

3. Her H4 stamping in the passport has expired. But she has her new H approval. Can she go and get H4 stamped in May when she goes to India?

---- Yes, she can do that

4. Presuming her H4 is stamped in chennai, can she travel back on H4 in september even though her H1 is approved by then?

---- If you want the H1 and retain the status as H1, then traveling on H4 will leave her only H4 status. In which case it will be considered that her H1 is abandoned. However, if the H1 is approved by then she might as well seek a H1 Visa and enter US

5. What is the best way to handle this scenario without affecting the H1 application and without dropping the travel plan?

---- The best way is wait for the H1 approval and then travel overseas. If you are in a hurry, apply for premium processing and get the approval within 2-4 weeks and then travel overseas, seek a H1 Visa in India at a US Consulate, then return to US

Subramanya

[diddip]

Subramanya,
Thanks for the prompt answers.
What happens if the I94 is not surrendered when leaving USA?

[Subramanya]

I-94

Thanks for the prompt answers.
What happens if the I94 is not surrendered when leaving USA?[/QUOTE]

---- Basically the I-94 becomes invalid, once you leave the country. Upon reentering US you are always issued a new I-94 as you cannot reenter US with that I-94.

Subramanya

[lifegiver1978]

H4 to H1 Visa - travel abroad??

Hi,
Mine is similar case except my H4 is valid till july, my question is
I got my H1 receipt number but the status is pending.
1) can I travel abroad with my H4 visa and comeback with H4 visa before it expires?
2) can I go to consulate and get it H4 visa stamped as my H4 petition is valid till 2008?

Please let me know the out come.
appreciate your help in this regard.