h4 to h1 while travelling outside US

[usahari]

Hi,

I am in H4 and my H4 is expiring in October 2010. I am planning to apply for H1(Starting April 1st) via regular processing. In the meantime i will be travelling to India on March last week or April 1st week (depending on when i apply for h-1 visa) and coming back on June 2nd week. So, will i have any problems coming back to US if my H-1 gets approved or if it is in the processing stage ? Are there any new rules/ problems to be aware of ?

Please advise.

Thanks in advance.

p.s. - my h4 stamping was done on June 2009

 

[ginnu]

Hi,

I am in H4 and my H4 is expiring in October 2010. I am planning to apply for H1(Starting April 1st) via regular processing. In the meantime i will be travelling to India on March last week or April 1st week (depending on when i apply for h-1 visa) and coming back on June 2nd week. So, will i have any problems coming back to US if my H-1 gets approved or if it is in the processing stage ? Are there any new rules/ problems to be aware of ?

Please advise.

Thanks in advance.

p.s. - my h4 stamping was done on June 2009

if you come back on H4 and H1 is pending you can enter on H4 status.
if your employer file H4 to H1 change of status and you go out then H1Petition may be abandoned .
If employer file H1 and you are out of US and H1 gets approved then get H1 visa stamp and enter on H1 status. For more info talk to your lawyer or company lawyer.