Namaste Rajiv Ji,
I am writing to clarify a specific travel restriction for my wife regarding the upcoming H-1B Cap season (FY 2027).
Current Status: Me: O-1 Visa (Valid until 2027), Wife: O-3 Visa (Valid until 2027)
Plan to file H1B within US avoiding 100k fees: If selected in the lottery, my employer will file an H-1B Change of Status (COS) with Premium Processing. We plan to file my wife's H-4 COS concurrently.
The Question: If her H-4 COS is approved early (e.g., in May 2026) with an October 1, 2026 start date, is she permitted to travel internationally and re-enter on her valid O-3 visa during the summer (June–August)?
My Concern: My understanding is that re-entering on an O-3 visa after the H-4 approval might trigger the "Last Action Rule," effectively overriding her future-dated H-4 status. Given the new $100,000 Proclamation fee risks for new visa issuance abroad, our goal is to ensure her status automatically switches to H-4 on October 1 without requiring consular processing.
Could you please confirm if she strictly needs to remain in the U.S. from the time of filing until October 1 to preserve the automatic Change of Status or she can travel between April and enter back to US on O3 stamp before H1B change of status or if she can also come later after Oct with a valid H4 stamp without triggering the 100k rule?
Thanks
I am writing to clarify a specific travel restriction for my wife regarding the upcoming H-1B Cap season (FY 2027).
Current Status: Me: O-1 Visa (Valid until 2027), Wife: O-3 Visa (Valid until 2027)
Plan to file H1B within US avoiding 100k fees: If selected in the lottery, my employer will file an H-1B Change of Status (COS) with Premium Processing. We plan to file my wife's H-4 COS concurrently.
The Question: If her H-4 COS is approved early (e.g., in May 2026) with an October 1, 2026 start date, is she permitted to travel internationally and re-enter on her valid O-3 visa during the summer (June–August)?
My Concern: My understanding is that re-entering on an O-3 visa after the H-4 approval might trigger the "Last Action Rule," effectively overriding her future-dated H-4 status. Given the new $100,000 Proclamation fee risks for new visa issuance abroad, our goal is to ensure her status automatically switches to H-4 on October 1 without requiring consular processing.
Could you please confirm if she strictly needs to remain in the U.S. from the time of filing until October 1 to preserve the automatic Change of Status or she can travel between April and enter back to US on O3 stamp before H1B change of status or if she can also come later after Oct with a valid H4 stamp without triggering the 100k rule?
Thanks