Travel on H4 visa, while H1B is being processed.

I

its_me_here

New Member
Hi Guys,
I am on a H4 visa currently and am having my H1B processed by a consultant this year. The processing starts on April 1st and I may start working from October 1st.

Can I travel to India meanwhile on this H4 visa? Will it affect my H1B processing?

Any reply will be appreciated.
 
change of status will be denied

if you travel change of status application is not valid. You may get H1 approval, but I94 comes with the approval not valid.

Without knowing we did the same mistake.
 
Hi HelloKrishna,
What did you have to do? Could you use your H1 to work? Or did it get rejected because your I-94 was not valid due to travel?
 
H4 to H1B and Travel

Hello All:

I am currently in United states on H4 Visa and my H4 Visa is valid until Oct 2007. I have that stamped in my passport also. My I-94 is valid until Nov 10 2007.

I am about to apply for my H1B Visa starting April 1st 2007.

But I might have to make a likely visit to India sometime during end of April due to family reasons. I will returning back to US during 2nd week of May.

1. What are the complications??
2. What will happen if I absolutely have to travel

I do not want anything to affect my H1B visa.

Please advice.

Thanks
 
hi .. i also need help in this matter.please put it in clear form whether we can go or not.please help urgent.
 
No Travel While H1b Processing.. And Application Is Pending

Foreign travel by the scholar while his/her H1B application is pending with the US Citizenship and Immigration Services (USCIS) can be problematic and should be avoided unless there has been prior coordination with the OIE and/or immigration attorney.

This is true when a request to the USCIS involves a change of status request (i.e. from F or J status.) In fact, a scholar can unwittingly void the change of status portion of the H1B petition through exit and re-entry to the US at certain phases of the H1B process.

Scholar Coordinators are well advised to discuss plans for upcoming foreign travel with scholars for whom an H1B petition will be submitted. If no travel is planned, proceed as usual. If foreign travel is planned, OIE, the scholar, and department should work together to set reasonable time-frames and LCA and H1B effective dates prior to the submission of department documents to the OIE or approved immigration attorney.
 
The above note is from this below website " http://www.studentaffairs.cmu.edu/oie/admins/notebook2/hgeninfo.cfm"
 
I counsulted a lawyer for the same problem and following is his response.

H4 to H1 is a change in status. IF you go out of US while the transfer is filled there are 2 possiblities

1) you may get a RFP as the I94 number is not valid anymore. You have time to respond in 60 days and hopefully you will be back by then. Your employer and them aend the petition with the new I94 number and then it will be as if you ever left out of US. You can work from the first day of approval and you do not need a new visa stamping.

2) You may get the direct approval without a new I94 with something mentioned on it which means it is "H1b transferable". I don't know the exact words though. i.e. It is treated as altogether applying for a new status. If you get into this situtation you will have to go back preferable to your home country for visa stamping before you can start working.

Hope this helps. Plan accordingly.

Link "http://immigrationvoice.org/forum/showthread.php?t=996"
 
This reply is from Murthy.com

Once you have your H1 Approved with a future date then you can travel on old Visa status and re-enter on old Visa status.

http://www.murthy.com/news/n_cosapp.html
"How Does the Last-Action Rule Apply During International Travel?"

So suggest you go after your H1 Approval not while processing.. If you want to get your H1 Approval faster, ask your employer to do it premium processing and then only travel... Else dont travel...
 
Gurus pls help

Hi Gurus,
I am also in the same situation. My wife is on H4 visa and she is in india right now, she will be back in May 1st week. I am planning to file for her H1 this year.
One of the employer is ready to file her H1 papers this year with previous I94 which she first got when entering US in 2005(she went to india for first time after 2005). Employer said he can file for her H1 with previous I94 now and once she is back from India in May 1st week, we can file for amendment with the new I94 (he will send a new I94 with some required documentation). he is 100% sure that it will not create any problem.
1) Is it true?
2) Will there be any problem like H1 rejection or I797 without I94?
3) if H1 got rejected or without I94 will her H4 visa still valid or she need to go out of US for stamping again (she has a valid H4 visa till Sep 2008)?

Gurus, Please suggest and throw some light on this issue.

Thank you very much for your time
Chinna
 
You must log in or register to reply here.
Top