Question on travel outside US

G

GCcomesoon

Registered Users (C)
Hi

I just came 1 month back from my home country on H4 to join husband in the US.I already have job offer from company here & they filed my H1B yesterday.
Today I got email from attorney that I should not travel outside US when the H1B petition is pending.


We already have plans to go for vacation in month of June for 10 days.This was planned 4 months back.All the reservations & tickets are booked.


My question is there any reason why the company attorney is suggesting this in his email ?Will it matter if I leave the country & come back , of course that will give me new I-94 document.


Any advice, suggestions

Thanks
ASD
 
It would be a good idea not to travel. Seems like when you get backed they may have in the system that ypu have applied and will send you back to ur home country for the stamp. Happened to a few friends of mine. I would confirm with the attorney if the paperwork has been submitted if so then you will have to wait.
 
You have 2 options.
1. Traveling during H4 to H1 change of status is pending. Your COS is considered abandoned, and you have to travel again to your home country to get H1 stamp before starting H1 work.
2. Staying in the US til your COS is approved. You do not need to get H1 stamp before H1 work.
 
Helo

GotPR? said:
You have 2 options.
1. Traveling during H4 to H1 change of status is pending. Your COS is considered abandoned, and you have to travel again to your home country to get H1 stamp before starting H1 work.
2. Staying in the US til your COS is approved. You do not need to get H1 stamp before H1 work.
Click to expand...

Thanks for your reply. So as per your last option, are you saying that once the H1B is approved, I can travel & have no issues ? If that's the case, then how about premium processing & getting my H1 approved in next 2 weeks as I plan to leave the country in next 1 month


I look forward to hear from you

Thanks
ASD
 
GCcomesoon said:
Thanks for your reply. So as per your last option, are you saying that once the H1B is approved, I can travel & have no issues ? If that's the case, then how about premium processing & getting my H1 approved in next 2 weeks as I plan to leave the country in next 1 month

I look forward to hear from you

Thanks
ASD
Click to expand...
------------ you can go for the Premuim Process, you will need H1 filing reciept to do that( your H1 is filed) once approved you need to get H1 Visa stamp before you enter on H1 status and to work on H1. if you dont plan to go out you can start working after approval of H1 and no visa stamp required.
** if you go out and enter on H4 then you cant work and you will get I-94 till your H4 visa stamp or spouse H1 validity date
 
Thanks

ginnu said:
------------ you can go for the Premuim Process, you will need H1 filing reciept to do that( your H1 is filed) once approved you need to get H1 Visa stamp before you enter on H1 status and to work on H1. if you dont plan to go out you can start working after approval of H1 and no visa stamp required.
** if you go out and enter on H4 then you cant work and you will get I-94 till your H4 visa stamp or spouse H1 validity date
Click to expand...


So I conclude that even getting premuim processing done won't help, I have to go to home country.If I leave the US even the petition is pending or gets approved even before I leave the country


Thanks
ASD
 
H4 dependents Denied entry in US

Hello- My H4 dependents daughters and wife were denied entry into US even they have valid H4 visa. The verbal reason provided is that principle applicant should bbe in US or should accompany the dependents.
I am stuck in Security clearance for my H1B 7th yr extension.

Gurus: Is it ok to retry again with a valid reason that H4 dependents will leave the country with in 6 days as they already have confirmed flight and ticket from US to overseas????????
 
GCcomesoon said:
Thanks for your reply. So as per your last option, are you saying that once the H1B is approved, I can travel & have no issues ? If that's the case, then how about premium processing & getting my H1 approved in next 2 weeks as I plan to leave the country in next 1 month


I look forward to hear from you

Thanks
ASD
Click to expand...

Please read this link.
http://www.murthy.com/news/n_cosapp.html
if you go out after COS approval and come back before H1 start date, you can change your status in the US without visa stamp.
In this case, you should not surrender new I94 attached to H1 approval as it is not in effect yet. It will take effect when H1 start date comes, and you need to keep this to change your status upon H1 start date.
 
Last edited by a moderator:
I have somewhat similar problem,I am on H4 & applied for H1B .am willing to travel to india but wanted to wait untill my COS approves ,its regular processing so will take time .
Can i travel after my COS gets approved & after OCT 1st 06.?
If i want to travel say on OCT 2nd what all things i have to consider ?
Will there be any problems if i travel after OCT 1st ? as i will not have any paystub by that time ?
Any info. will help

Thanks
 
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