Travel to home country while H4 to H1 visa under processing

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shalein

Registered Users (C)
My wife is currently on H4 visa and her new petition for H1b visa (applicable from 1st october 2005) is under progress. She is planning to go to her home country by the end of July for 4 months and planning to come back on December 1st .
1. Is it ok for her to travel during this period when her petition for H1 is under progress?
2. If the petition comes , can I mail to her at her home address in her home country so that she can go to the nearest US consulate there and get h1 visa stamped?
3. Is it equivalent to new H1 visa subjected to 2005 cap ?
4. When she surrenders her current I-94 on airport at the time of departure, does that interfere with the petition in progress?
5. If her H1 petition is rejected, can she come on her old H4 status?
6. If H1 petition is accepted , can she still come on her old H4 (I have heard in some cases INS wants paystubs and other technical evidences while a person is in a country outside US).
Thanks
 
shalein said:
My wife is currently on H4 visa and her new petition for H1b visa (applicable from 1st october 2005) is under progress. She is planning to go to her home country by the end of July for 4 months and planning to come back on December 1st .
1. Is it ok for her to travel during this period when her petition for H1 is under progress? OK
2. If the petition comes , can I mail to her at her home address in her home country so that she can go to the nearest US consulate there and get h1 visa stamped? Yes
3. Is it equivalent to new H1 visa subjected to 2005 cap ? YES
4. When she surrenders her current I-94 on airport at the time of departure, does that interfere with the petition in progress? No
5. If her H1 petition is rejected, can she come on her old H4 status? Yes
6. If H1 petition is accepted , can she still come on her old H4 (I have heard in some cases INS wants paystubs and other technical evidences while a person is in a country outside US). How H4 can have paystub, For new H1 no such requirenments
Thanks
Click to expand...
 
shalein said:
My wife is currently on H4 visa and her new petition for H1b visa (applicable from 1st october 2005) is under progress. She is planning to go to her home country by the end of July for 4 months and planning to come back on December 1st .
1. Is it ok for her to travel during this period when her petition for H1 is under progress?
YES


2. If the petition comes , can I mail to her at her home address in her home country so that she can go to the nearest US consulate there and get h1 visa stamped?

YES

3. Is it equivalent to new H1 visa subjected to 2005 cap ? YES
4. When she surrenders her current I-94 on airport at the time of departure, does that interfere with the petition in progress? NO
5. If her H1 petition is rejected, can she come on her old H4 status? YES
6. If H1 petition is accepted , can she still come on her old H4 (I have heard in some cases INS wants paystubs and other technical evidences while a person is in a country outside US). THIS MAY CREATE PROBLEM, Because That will make her latest status as H4 not H1..
Thanks
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