help me please

[kiranmaye]

Jaxen,need ur help

hi
can i go to india when my husbands H-1 is under process.processing starts from jan.
i want to go to india in the last week of feb and be return by march end.if at all he wont get his H-1 papers within 3 months,can i come back to US with his previous H-1 or i has to stay there till he gets his passport stamped and then mine also done.
iam afraid that it will take time for the entire process to be finshed.please suggest me if i can go or not.
thanq

 

[jaxen]

If you have an unexpired H4 stamp in your passport and if your H4 transfer/extension is not pending with INS then you can go out of US and come back. You can apply for H4 transfer/extension after coming back.

If you have an unexpired H4 stamp in your passport and the H4 transfer /extension is pending, then you abandon your H4 transfer. However you should be able to apply for a new H4 transfer after coming back. The double filing might be the best course for you, in case INS questions you about why you used old company H4 to enter US, when your husband was working for a different company.

If the H4 stamp has expired, then you will have to get a new H4 stamp before coming back into US , which means that you will have to wait for the H1 approval. You can also change the H4 petition to a consular notification one and wait for H4 approval outside USA.
You can also convert the pending H1 to a premium processing type petition.

 

[kiranmaye]

happy

hi Jaxen
thank u very much .i have a valid visa till August 2003.i think i can go to india and come back and get my visa stamped.
if they ask during immigration,what should i tell them .
kindly tell me.
once again thank u

 

[jaxen]

tell what? and what might the immigration ask?
Well i guess this inarticulation may benefit you.
If they ask why you are traveling with old H4, tell them you will apply for h4 extension as soon as you enter US.