H4 - H1 Change of Status

[adarshnn]

Hello,
Is it possible to travel outside US when you have applied for H4 to H1 Change of status?
How long does it take for the H4-H1 COS to get approved?
Is it OK to travel outside US(say Canada) and come back in once approved with the valid petition with out visa stamping?
The visit is only for 4-5 days...
Thanks for the help !

[shervin143]

No. It is never advisable to travel when a COS is pending with USCIS. The COS might get denied and the H1B can get approved for consular process. It will take 2-3 months to get the decision by normal process and 15 days by premium.

[kabkaba]

I think it is okay to visit Canada for less than 30 days. You should not submit your I-94 when you leave the US, you should not visit any other country and on return you can keep the same old I-94.

[adarshnn]

Thank you for the reply !
So if we do it in 15 days premium and get the H1 B & COS approved, we can travel then?
Even if H1 and COS is approved, it is legal to work only from Oct and this trip is in Sep 28-Oct 2.
Does that make any difference?

No. It is never advisable to travel when a COS is pending with USCIS. The COS might get denied and the H1B can get approved for consular process. It will take 2-3 months to get the decision by normal process and 15 days by premium.

[adarshnn]

Many Thanks !
But when we drive thru the border to Canada and back into US , they will check our Visa and take the I-94 rt? So we cannot retain the same I-94 ...

I think it is okay to visit Canada for less than 30 days. You should not submit your I-94 when you leave the US, you should not visit any other country and on return you can keep the same old I-94.

[kabkaba]

For Canada trip you need not submit your I-94 when you leave the US and you can use the same I-94 to return to US within 30 days.
Even if your COS to H1 is approved, you need to attach the new H1 I-94 to the old I-94 and follow the same procedure. Otherwise you will not be able to return in H1 status without an H1 Visa.