H4 Travel H1B approved

[adonisnatty]

Hi

Currently my wife is on H4, (expires on May17 2009), She got my H1B
approved with an effective start date of October 1st 2008 .

So now, can she travel to India for couple of months and come back
before October 1st 2008 with H4 Visa.

Do we face any visa issues while coming back into US?

Thanks in advance

Nat

[DMX17]

She can travel and re-enter with a valid H4 visa.

If her H1 has been approved with a COS (H1 I-797 has an attached I-94), her status WILL change to H1 on Oct 1st regardless of travel since she will be coming back before Oct 1st.

[adonisnatty]

thanks for the quick response DMX.

When she returns back to US , at port of entry will they give I-94 based on H4 expiry date or till last day in September 2008.

do we have to tell immigration officer about H1 approval?

Nat

[txh1b]

They will give I-94 till the DOE of the visa. You can tell the CBP about H1b COS approval and they will grant I-94 for the new status change as well noted on the same I-94. Search for Efren Hernandez on the forum.

Even if you don't tell the CBP officer, the status automatically changes on the same I-94 and you need to make a trip to the local USCIS office with the COS approval to get another corrected I-94 issued (same number, new status) to apply for SSN etc.