Vacation to India while h1-B is in process

[jaango123]

Hi,
I am in US under H4 visa and I have applied for H1 this April 2009 and it is still under processing.

I am planning a vacation to India in the month of June but my h4 visa expired hence need visa stamping. Will I face any issue in stamping H4? Is there issue in my h1 application?

Thanks in advance

[kabkaba]

If your petition gets approved and it is COS, then you can return before October 1 on H4 visa and still the status will change to H1 automatically on October 1.
If the petition is not COS, then you have to either obtain H1 visa and enter withing 10 days of October 1 or enter on H4 visa and apply for COS from here.