H4 to H1 applied and India travel?

T

techie007

Registered Users (C)
Hello,

One company has applied for my wife's H1 on 15th April. She is currently on H4. Now we have to go to india in Jun 1st week or May last week.
Can we go to India for 1 month and come back when H1 is applied? I have been told that decision on whether H1 is approved/or declined would take 2-3 months? Can we travel before that? Do we need to inform to USCIS?

Please advice.
 
techie007 said:
Hello,

One company has applied for my wife's H1 on 15th April. She is currently on H4. Now we have to go to india in Jun 1st week or May last week.
Can we go to India for 1 month and come back when H1 is applied? I have been told that decision on whether H1 is approved/or declined would take 2-3 months? Can we travel before that? Do we need to inform to USCIS?

Please advice.
Click to expand...
If She left the US during change of status is pending, your COS petiion is deemed abandoned. She needs H1 stamp before she starts working in that case.
If her application was not with COS, she is free to travel.
 
techie007 said:
Hello,

One company has applied for my wife's H1 on 15th April. She is currently on H4. Now we have to go to india in Jun 1st week or May last week.
Can we go to India for 1 month and come back when H1 is applied? I have been told that decision on whether H1 is approved/or declined would take 2-3 months? Can we travel before that? Do we need to inform to USCIS?
Please advice.
Click to expand...
------- if she goes out of US while her H4 to H1 Change of status is pending will be abondned . better go after her H1 is approved and then she gets H1 visa stamp then enter on H1 status. or upgrade pending H4 to H1 through Premium processing so that it gets approved in 15-20 days. you need to talk to her lawyer


Only Change of status is abondned NOt extension
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
 
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