Travel on H4 when H1 change of status is pending

[venkrish_r]

I have currently applied for H1B change of status from H4 visa and my H1B is pending status due to queries. I have H4 valid till August, 2006.

1. Can i travel to India and re-enter on existing H4 visa?
2. What is the validity of my H1B, if i get approval

a) before my date of re-entry on H4
b) after my date of re-entry on H4

3. Is it possible to apply for Advanced parole (Form I-131) in this case if i need to keep the validity of my pending application?

4. How long it takes to apply for AP in the service center as i have to travel by november end? Is it possible to expedite my AP in local offices once i file AP in services center where my H1B application is pending?

Thanks a ton for your advice

 

[harimena]

dear venkrish_r,

Well, i wud advice you not to leave US while ur change of status petetion is pending.
still, if u want to goto homecountry and try to reenter, then u need to get your stamping done for your H1B in your passport right after approval.

U can try to push your application in premium processing and leave the country after H1B approved, and reenter US with H1B stamping .
Be sure to be back soon before ur SSN arrives.

And as far as my study, H1B cases are now being processed faster, now it seems that even august cases are getting done. Probably u may not have to send for PP.

hope this helps u.
Harimena.

 

[GotPR?]

I have currently applied for H1B change of status from H4 visa and my H1B is pending status due to queries. I have H4 valid till August, 2006.

1. Can i travel to India and re-enter on existing H4 visa?
2. What is the validity of my H1B, if i get approval
a) before my date of re-entry on H4
b) after my date of re-entry on H4

1. Yes, you can enter the US with H4. But if you leave the US while change of status is pending, your COS application is considered abandoned. It means you come back the US with H4, and then H1 COS is approved(but COS is not valid in strict sense), and you need to go out of the US again to reeter the US with H1 stamp to be H1 status.

2(a) and (b). H1 is valid, but since your COS is abandoned, you need to get H1 stamp in either of a) and b) case and reenter the US to be on H1 status.

3. Is it possible to apply for Advanced parole (Form I-131) in this case if i need to keep the validity of my pending application?

AP does not keep your COS application valid. AP is to allow you to travel when your I485 is pending, and you do not have any other visa.

 

[venkrish_r]

COS validation

I have already processed it to Premium and after that i have a query on my H1 petition that is not answered yet by my attorney/employer.

1. If i ask my Attorney/Employer to delay the response till i re-enter US on H4 visa and if i get approval after that, Is COS status valid or still i have to go out and reenter US again to make my COS in effect?

2. If i still have to go out of US for COS validation, can i get my H1 visa stamp from Canada (I am Indian citizen)?

Thanks once again
Vanitha

 

[GotPR?]

1. As soon as you leave the US with having COS pending, COS is deemed as abandoned. I recommend to leave the US after COS approval if possible.

2. you can try to get H1 stamp in Canada. But as always being said, if your visa stamp was denied in canada, you need to travel to you home country. That is the risk you need to remember.

 

[venkrish_r]

Extending H1 start date

My COS is pending with query and response awaited from my attorney.

1. Can i (my employer) extend my start date of employment after i return from India during december on H4? If they can, will my COS considered valid?

2) If i travel by land to Canada after my return from India assuming that i get H1 approval after that, i will not loose my I-94. In which case, even if i am rejected on H1, i can travel back to US on same H4 instead of travelling to home country. Am i right on this?

Once again thanks a lot for your help. Based on your response, i can take several options before attorney to discuss further.

Thanks