traveling when H1 is pending in query

[guest_1]

i need help...transfered Visa from H4 TO H1

I have filed for h1b in may,2006 and now in sep,2006 i am getting a RFE. now in RFE the docs they r asking is going to take atleast 1 month. now my Qs ARE:

1) Can i go out of USA to India or Canada for the h4 visa stamping, as my h4 is going to expire in Feb 2007.
2) Can i apply for h4 extension for the 2007-2008 year when my H1 is in query phase.

Thanks.

 

[GotPR?]

1) if you are filing change of status from H4 to H1, I do not recommend to leave during application is pending. You do not need H4 stamp at this moment since you have pending petition.
2) you can do that, but if H4 got approved after H1 approval, your status will be H4 again, and you have to stop working since then.

 

[guest_1]

Thanks for the reply.

how much time it takes for USCIS to approve or disapprove after the query is replied? but if they take a long time and my h1b gets disapprove and my h4 visa will get over as my I-797 is valid till FEB,2007. then i will be out of status.

please advise , in such situation what r my best options?

 

[GotPR?]

if H1 is rejected before Feb, then file H4 extension.
If H1 descion did not come before Feb, that is difficult case which way to go, i.e. filing H4 or waiting for H1 decision. If I were you, I'll further wait for decision. In case H1 is rejected after Feb, you should travel immediately and apply for H4 abroad.

BTW, you can escalate your H1 petition to premium processing which MAY give you decision within 15 days.