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I am now in the US on H4 visa which is valid till May 2009. I am planning to apply for a Change of Status (COS) to H1B in April 2008 using the current I94 details. I am planning to take a vacation to India in May-August 2008 timeframe and returning back in 2 weeks. I have the following questions regarding the same:
Senior members please help me.
- Am I legally allowed to leave the US and re-enter on H4 in this timeframe when my H1B application is under processing at USCIS or when I have a valid H1B petition (I-797) with an extended I94 reflecting my H1B status which is valid only from October 2008?
- If I travel in May and assuming I haven't received my I-797 for the H1B till then, when I travel back to the US after the vacation I will have a new I-94. But when my H1B application is approved later, the approval petition I-797 will have my old I94 details. Can I get it corrected?
- If I postpone the travel to August 2008, after I receive my I-797 (with the I94 details), can I leave the US and come back before October 2008 using my H4 visa without stamping the H1B visa on my passport?
- Also, if I get my H1B stamped on my passport (after I receive my I-797) while in India during the vacation in August 2008, can I travel back to US on my H4 before October 2008, because my H1B will be valid only from October 2008?
Senior members please help me.
