Q with H1B pending status change

[BuzzVasu]

My current H4 visa valid for next 6 mts applied for "status change to H1B" and had to leave the USA while the "status change is pending".

Can and Is it legal to re-enter USA on H4 with "status change pending" and without further persuing for H1B status. Also I received RFE to prove I am in USA which is anyway not possible.

I was not aware of these complication before leaving the country, I olny figured out when I received the RFE.

Not sure what the complication would be if I reapply for status change after a year after.

Please guide and I would be very very greatful.

Thanks,
Vasu.

 

[great guru]

My current H4 visa valid for next 6 mts applied for "status change to H1B" and had to leave the USA while the "status change is pending".

Can and Is it legal to re-enter USA on H4 with "status change pending" and without further persuing for H1B status. Also I received RFE to prove I am in USA which is anyway not possible.

I was not aware of these complication before leaving the country, I olny figured out when I received the RFE.

Not sure what the complication would be if I reapply for status change after a year after.

Please guide and I would be very very greatful.

Thanks,
Vasu.

If your H4 is valid and you are presently out side the US, come back to us immediately before RFE due date and send the I 94's copy to INS to get your H1 approved.