H4 to H1

[NeedHelp2009]

Hi,

My wife is in US on H4. My employer is ready to file H1 for her in April 2011. She has to travel to India at the end of April due to family urgency. My question is Can she travel outside US while her petition for H1 is pending and come back on H4 before Oct 2011 (by that time H1 petition may be in Pending / Approved status).

Please help.

Regards,
NeedHelp2009

[shervin143]

It depends on whether the H1B will be filed as a COS from H4 or as a consular process. It is never advisable to travel if the H1B is filed as a COS. If the H1B is filed as a Consular process, then she can travel and enter back in H4 visa. However, to start working she will need to leave the country, get the H1B stamped and re-enter back in H1B visa.

[kabkaba]

You have the following options,
1. File H1 with COS, leave the US, apply for H1 Visa after petition approval, return on or after Sep 20.
2. File H1 without COS, leave and return on H4 status. After petition approval file amendment to COS or leave and return again on H1 Visa.
3. File H1 with COS after returning from India on H4. This assumes cap will remain open then.
4. Postpone travel to after Oct and return with an H1 Visa