Travel after filing H-1 B petition

M

mparanjape

New Member
I recently got a job offer and my employer will be applying for my H-1 soon. I am currently on H4. My husband holds a valid H-1 visa. Our visa status is valid for another 5 years.
I was wondering if it is alright to leave the US after my H-1 petition has been filed and enter back into the US on my old H4 visa.
Please advise.
Thanks.
 
I heard that you cannot leave usa if change of status is pending.
If you still leave, it will a be abandoned.
 
meowmeow
Is correct Change of status is abounded if you leave US before it is approved by BCIS
 
You can reenter on H4 if you have a valid H4 visa stamp, and the principal H1B is maintaining status. But you cannot work for the employer that filed your H1B petition. The employer may have to file another H1B, or you may have to leave the US and reenter again as H1B (you would need an H1B stamp in this case).
 
Thanks for the replies. I also got in touch with an immigration lawyer and she also adviced me not to leave the country.
 
mparanjape:
“My husband holds a valid H-1 visa. Our visa status is valid for another 5 years”
How this is possible? H1 first time is approved for 3 years only. How your Visa status can be valid for 5 years?
 
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