Travel on h4 - h1b petition applied

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cpuri

Registered Users (C)
Hi,

My wife is currently on h4 and has applied for h1b in VSC. Her receipt date is 22nd April. Due to personal reasons, she has to travel back to India in Aug mid and return back in Sept mid. We are expecting that :
1. Her h1b petition gets approved before she leaves for India (in Aug mid)
2. Her h1b petition gets approved after she leaves for India (in Aug mid) and before she returns back.

I have booked an appointment date for her h1b stamping in Delhi Consulate on 5th Sept.

Today, I heard that the rejection rate for h1b stamping is pretty high if you are on h4 and you visit india + if you have the h1b petition approved while you are in India.

Her trip can not be cancelled to India. Keeping that in mind i have a few queries:

1. Will there be any problems for H1b stamping (are there any docs that she can produce to minimise the risk of getting rejected) ?

2. Can she travel back to US on h4 (if her h1b is already approved before Sept mid) and then go back to india some time later in 2007 to get her h1b stamped ?

Can someone please respond to this who has been into the same situation earlier OR greatgurus of this website who can guide us properly as how to tackle this situation.
 
cpuri said:
Hi,

My wife is currently on h4 and has applied for h1b in VSC. Her receipt date is 22nd April. Due to personal reasons, she has to travel back to India in Aug mid and return back in Sept mid. We are expecting that :
1. Her h1b petition gets approved before she leaves for India (in Aug mid)
----------- she should get H1 visa stamped and enter on H1 status
2. Her h1b petition gets approved after she leaves for India (in Aug mid) and before she returns back.
------------ Her petition will be abondned

http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
-------------
I have booked an appointment date for her h1b stamping in Delhi Consulate on 5th Sept.

Today, I heard that the rejection rate for h1b stamping is pretty high if you are on h4 and you visit india + if you have the h1b petition approved while you are in India.

Her trip can not be cancelled to India. Keeping that in mind i have a few queries:

1. Will there be any problems for H1b stamping (are there any docs that she can produce to minimise the risk of getting rejected) ?

2. Can she travel back to US on h4 (if her h1b is already approved before Sept mid) and then go back to india some time later in 2007 to get her h1b stamped ?
------------ if she has valid H4 Visa and can enter on H4 status
Can someone please respond to this who has been into the same situation earlier OR greatgurus of this website who can guide us properly as how to tackle this situation.
Click to expand...
-------- best option she should go out AFTER H1 is approved and then get H1 stamp and enter on H1 if she wants to work on H1 status
 
But can she come back in Sept mid on H1b (after getting H1b stamped in consulate in India). I am asking this question because the H1b petition says that her employment starts from 1st Oct 2006 onwards. So will she be able to enter US before 1st Oct (i.e 16th Sept - Tickets already booked) on H1b ?

I talked to a friend and found that even though she does not gets her H1b stamping done in India, she can get this done later some time (probably next year). Can we bank upon this option too ?
 
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