H4 ---> H1 transfer and Travel while h1 is in process ???

[gc_reddy]

Hi,
Right now i am on H4 visa.
I am applying for h1 b soon. I have following question

1) Can i go to INDIA while H1b is in process ?

2) If my H1b is approved while i am in INDIA, Can i enter to USA on H4 and
work on H1 b ?


3) IF my H1 b is approved after coming back to USA on H4, Can i work on H1 B?


Thanks in Advance

 

[Jim Mills]

International travel while a change of status petition is pending is abandonment of the Change of Status portion of the application. This means that you need to leave the US, obtain a visa stamp and reenter in the proper status. Therefore, the answers to your questions are as follows:

Hi,
Right now i am on H4 visa.
I am applying for h1 b soon. I have following question

1) Can i go to INDIA while H1b is in process ?

Yes, you can go but see above.

2) If my H1b is approved while i am in INDIA, Can i enter to USA on H4 and
work on H1 b ?

No.

3) IF my H1 b is approved after coming back to USA on H4, Can i work on H1 B?

No.

 

[atmaram]

H4->H1 in process and travel

International travel while a change of status petition is pending is abandonment of the Change of Status portion of the application. This means that you need to leave the US, obtain a visa stamp and reenter in the proper status. Therefore, the answers to your questions are as follows:



Yes, you can go but see above.



No.



No.

Thank you Jim for your answers. I have a follow-up question based on the same.

What if the OP were to wait in India for the change of status (H4-H1) to be approved and the approval letter to be mailed to him/her in India. Can OP use this approval to apply for H1 visa at a US Consulate in India and enter US?


Many thanks.