Question Regarding Travel to India on H4/H1 Visa

V

vijay_sw

New Member
Hello friends,
I have applied for my wife's H1 visa this year. Her current status is H4. We need to visit India on June since my parents are ill. However I was told that travelling with my wife at this time would be risky because her immigration status can change anytime. Is that true? Is there anyway we both can travel and make sure that she doesn't get into any kind of immigration issues when we return?

I would appreciate your advise on this matter.

Thanks
 
All she needs at the time of returning is a valid H4 visa stamping on her passport. Her status won't be affected if the H1B petition is approved when she is abroad. On the contrary, if the approval happens in the interim and if you can obtain the approval notice from her employer or attorney before you start back for the US, she would be able to obtain a H1 B stamping on her passport based on the new approval at the port of entry. Hope it helps.

Please validate this with an attorney however.
 
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