travel when H4 to H1 pending or H1 apporved

[hpaccess]

1. Can we travel while h4 to h1 (or should i say new H1) pending or after apporival?
2. Assume that H1 is appoved(effective as of Oct 1) on 25th April and we left India on 26th April, came back on H4 in May. Is that OK?
3. We also need to go thru re-validation, and assume that H1 is already apporved, would it be OK to get H4 stamped and enter US on H4

I am sure some of us should have answers to these questions - please share.

Thanks,

 

[subray]

Hi hpaccess,
We have the exact same situation with regards to my wife. Would you please share if you reeived any clarifications/ answers to your questions? Thanks in advance.

others, such as "great guru", please advise.

 

[great guru]

z

1. Can we travel while h4 to h1 (or should i say new H1) pending or after apporival?

If it is a new h1, not a COS H1 then you can enter with H4 but before starting with yout H1 yu must get your H1 visa stamped and re enter US with I 94 caveat h1B.


2. Assume that H1 is appoved(effective as of Oct 1) on 25th April and we left India on 26th April, came back on H4 in May. Is that OK?

Once your h1 is approved as COS then you must enter with H1b visa stamp and get your I 94 with caveat H1b


3. We also need to go thru re-validation, and assume that H1 is already apporved, would it be OK to get H4 stamped and enter US on H4. see above

I am sure some of us should have answers to these questions - please share.

Thanks,

 

[subray]

Great guru,
Let me start off by saying how much I appreciate your incredibly quick reply.
I would like a little more clarification though on this.
Here's my wife's(our) situation:

I am on 8th year H1 visa extension and my wife is on corresponding H4 extension with current visa extension approval letters. However, the stamped visas on our passports are expired.

(1) In such a case, assuming her COS H4-to-H1 application gets approved anytime before August 2007, and considering your answers earlier, would it be okay for her to travel around August to India taking with her the current H4 extension approval and the future H1 approval (valid from October 1)?

(2) In case that is ok, could she get her H1 visa stamped (without having to get a H4 stamp) and travel back to the US say around October 2(after October 1) on her new H1 visa ?

(3) Do you anticipate any issues with getting her H1 visa stamped in this case in India and then returning to the US after October 1, specially as she has been staying in the US for the last couple of years only on the basis of an approved H4 extension, but without a valid H4 visa stamp?

(4) Her (to-be) company's HR person mentioned that she could travel outside the US only after she activates her H1 by starting to work on October 1, and not after she receives her H1 approval (say by August). Is that true?

Many thanks for your help. Very much appreciated.

 

[juliya]

I have a similiar question
I have a H4 visa stamp valid until January 9th 2009. I just received receipt notice of my H1B application for 2007 fiscal year (first H1B) and it is being processed under the regular processing (NOT premium). What is the approximate processing time for H1B regular processing?

I have to travel to India next month and will be returning in a month. Can I travel to India and return on my H4 visa without any issues while my H1B is being processed for approval?

If I wait until my H1B visa is approved, can I travel and return on my H4 visa because the H1B visa doesn't start until 1st October and I can't stay in India until 10 days before H1B visa start date (October 1st) but want to go to India next month.

Would greatly appreciate your advice and response

 

[Kart2004]

I have a similiar question
I have a H4 visa stamp valid until January 9th 2009. I just received receipt notice of my H1B application for 2007 fiscal year (first H1B) and it is being processed under the regular processing (NOT premium). What is the approximate processing time for H1B regular processing?

I have to travel to India next month and will be returning in a month. Can I travel to India and return on my H4 visa without any issues while my H1B is being processed for approval? My wife wants to enter US in the first week of July.

If I wait until my H1B visa is approved, can I travel and return on my H4 visa because the H1B visa doesn't start until 1st October and I can't stay in India until 10 days before H1B visa start date (October 1st) but want to go to India next month.

Would greatly appreciate your advice and response

My wife is in exactly the same situation.

Some people have told me that when H1 is approved the H4 gets cancelled but my wife has a H4 stamp valid till Jan 2009.

Even more confusing is that whether her H1B (we have received the receipt #) is change of status or a new H1. This is because she is in india and we have filed under "H1B outside India"