Travel while Change of status from H1 to H4 pending

[sangeetam]

I came to US in Nov, 2007 on H1B. I could not start working immediately because of my baby. I went back to work in Feb and Mar, but could not continue and applied for change of status to H4 in Apr, 2008 on my husband's petiiton. Now, my petition is still pending with USCIS.

1) Does not getting back to work for the first 3 months affect my COS to H4 approval?
2) My husband's petition is approved till dec, 08. Can I travel to India and get a valid H4 stamp while my petition is pending here? Will there be any questions at the consulate regarding unpaid period?

Please suggest a best option for me.

[txh1b]

The VO could ask for the status on H1, your out of status period if any. It is not advisable for you to travel as you will abandon the COS which might result in unnecessary hardship for you in obtaining the visa.

Legally, you can but it becomes a documentation overhead for you in the future to prove it. Talk to your lawyer.

[sangeetam]

Travel while Change of status from H1 to H4 pending

Thanks txh1b!

What are chances that I get an RFE here? Is it possible that I can show that 3 months as FMLA or some unpaid timeoff because of baby? Can you advise on what documentation should I provide if there is a RFE here?

[txh1b]

FLMA has to be the same for all employees across the board. You could get some bonding time with the baby in many companies if you choose on LOA. That might be an optiion. But All this had to happen before the leave, not after the fact. USCIS has been cracking down on such LOA letters from employers these days without proper documentation.

[sangeetam]

Thanks for your response txh1b. So, what are the options for me in case there is an RFE here?

[txh1b]

They have already been discussed. No new options other than the ones mentioned.