Travel to India while H1 valid for 2 more mos.

[svegesna]

All,
Any help is greatly appreciated.
My H1 is expiring on Dec 30th 2005 and Visa already expired in June 2005.
I need to travel to India in November.

No appointments are available in Madras till Feb 2005. So, I am planning to to go to Canada for visa stamping and then travel to India.

(1) Is it advisable to travel while H1 is expiring in another month ?
(2) Will I face any trouble while entering US ?
My wife who is in H4 has applied for H1 at Vermont, with the current processing times, looks like it won't be approved till another 4 months.

(3) will it be ok for my wife to travel with me on her H4 visa while her H1 is being processed.
(4) what if her H1 gets approved while she is in India, Will it be a problem to return to US on H4 Visa.

Thanks..

 

[ginnu]

All,
Any help is greatly appreciated.
My H1 is expiring on Dec 30th 2005 and Visa already expired in June 2005.
I need to travel to India in November.

No appointments are available in Madras till Feb 2005.
---------Feb 2005???
So, I am planning to to go to Canada for visa stamping and then travel to India.

(1) Is it advisable to travel while H1 is expiring in another month ?
------------ do you have H1 extension or your present H1 status expire Dec2005?
(2) Will I face any trouble while entering US ?
----------if Visa stamp gets rejected you will not be able to enter US from Canada and need to go directly to India from Canada
My wife who is in H4 has applied for H1 at Vermont, with the current processing times, looks like it won't be approved till another 4 months.
---------- I dont new if it is Fresh H1 or H4 to H1 Change of status if Change of status is filed and she goes out while COS is pending then COS will be Abandoned
(3) will it be ok for my wife to travel with me on her H4 visa while her H1 is being processed.
---------NO, if COS is pending
(4) what if her H1 gets approved while she is in India, Will it be a problem to return to US on H4 Visa.
----------- If H4 to COS is pending and she goes out COS will be Abandoned , if that is fresh H1 then she can get H1 visa stamp and can enter on H1 status. If you are on H1 status and she goes out she needs H4 Valid Visa to enter US(if you are on H1 status)
Thanks..

 

[svegesna]

Thanks.