Currently on H4 Visa and have applied for H1b Visa. Can I travel to India for two weeks?

Question

Hey Readers,

My wife on H4 visa with valid stamping valid till Dec,2018. We've applied for H1b this year (for year 2017-2018). We need to wait until lottery results comes out. She has to travel to India to attend her sisters Marriage on 17 Jun and come back to US by 15th July. As far I understand, she can come back to USA as she is having valid H4 visa. But, I got below questions :-

1. Is it right decision to travel India if you have applied for H1b visa (even you are not sure about the lottery result) ?

2. Does it going to impact lottery process ? As she has applied for H1B visa with current H4 documents. Once she will be back in month of July , will have new port of entry date etc. Do you think, this would impact her lottery process.

3. If her H1b Visa gets picked up in lottery and she is back in USA by July 15, so do you think her H1B required any amendment process ? Anyways, her H4 going to change to H1b from oct 1. How much risk is involved here?

Would be great help guys if you could provide your thoughts on this matter !! Thank you !!

Answer 1

1. She can travel but if her petition is selected then the travel would abandon her COS from H-4 to H-1. Even after H-1 petition gets approved, she would remain on H-4 status until a separate COS is filed or she enters US on stamped H-1 visa.

2. Lottery selection is not impacted by her travel

3. See (1). H-4 will not change to H-1 if she travels outside US before H-1 approval has been issued. She would remain on H-4 even after Oct 1, unless one of the things mentioned in (1) happens.

Comments

Hey Saurabh..thank you so much for your reply..was waiting for your reply :)  ... We r going to talk to consultancy and  will take decision accordingly. Do you think any issues with COS process ? Do you see/heard about  any rejection in such cases from h4 to H1b with COS process? Any idea about fees ?

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COS should be normal as long as she has maintained H-4 status at the time of application and can show proof of employment for the new H-1 status. I don't remember the fees, but you can look it up online for form I-539.

Answer 2

Learn to speak the American language better, use the correct punctuation and perhaps we can answer your questions.

Comments

I got my answer sir. Thank you for your note !! Between, if you know the answer so please try to reply.

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Hello Varun, My husband is facing the same scenario now. We applied H1 this year 2017-2018 when he was in US on H4. Now he is India.
Please let me know if you get any update on lottery or from your consultant.

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Hi Vairamani,
I understand and can feel how hard it would be for you. Please be in touch either via my email ID [email protected] or +1-9547065990. thank you