Travel to India for work and to get H1B stamped.

[F12H1]

Hello,
I would be traveling to India for work in Oct 2011. My H1B application (myself and my spouse) is in process right now and would most likely be approved by that time. To travel back to the US I need to go thru the visa interview. I am planning to travel alone to to India. Does my spouse need to travel to India as well for the interview or she can still be in US on F2 and when my H1B is approved she would transfer to H4?


Thanks,
F12H1

[kabkaba]

What is the H1B start date? Did they file I-539 to change her status also?
If both applications are approved with new I-94's before you leave, your wife can stay in the US in H4 status while you are away for a short time with intention to return in H1 status.

[F12H1]

Hello,
I am planning to travel alone at this point on my student visa itself. I would be coming back in late Oct and my OPT-X is expiring on 17 Nov 2011. If the company applies for the H1-B once I return but if it not approved before 17 Nov 2011 would I be out of status and not able to work? They are going to process it under the premium category.


Thanks,
F12H1

[kabkaba]

From what I understand H1 petition has not been filed yet.
If so, your employer needs to file immediately after you return. IMO you will not be able to work after OPT end date if H1 is not approved at that time.

[F12H1]

Yes Kabaka, The application is not yet been filed. Thanks for the reply, I will confirm with my school officials whether I can work if H1B is applied and my OPT-X is expired.


R/
F12H1