urgent !!H4 travel while H1B 2008 case received and pending

S

saranprabha

New Member
I have my H4 visa valid till 27-Oct-2007.
I applied for H1b 2008 and i got selected in the H1B lottery for 2008 and my case status with USCIS is "received and pending."
I am planning to travel to India(my home country) on June 9th 2007 and return on July 1st 2007.

Will my travel affect my H1B ? that is will my H1B get cancelled ?

Attorney or somebody please reply me as early as possible.
 
Hi,
My wife is in the same position as you. She is currently on H-4 status, and her H1 B application also like yours has been selected in the lottery, with a current status of pending.
Although she was planning to go to India also and come back to the US before Oct 1st, her attorneys have advised that she stands a risk of losing the H1 that she applied for. So, we have decided that it is best for her not to travel outside the US at this time.
This is just advice however. Please consult your own attorney before you make up your mind.
 
Talk to the lawyer one more time, and ask what exactly she will lose.

She will lose change of status if she traveled before Oct 1, but she should not lose H1 application.
There are plenty of people who got change of status denied due to traveling during pending application, but got H1 approval.
 
got some reply

I talked to my desi consultant (he is doing my h1b), he says no problem in going to india from june to july 2007, but i should return by october 2007.
To reconfirm, i called another desi consultant, they too said it's not a problem.

What i understand is my H1B will get approved, but change of status will not.
May be my I94 will differ, one that applied for H1B and the new I94 i will get once i return from india in july 2007.
Hence i may need to go to canada or mexico for stamping...

Is my understanding correct ?
 
some more info

i got this message from my friend's employer's lawyer.

"Your H1B is not approved now but if it get approved between June 9th and July 1st(New Rule is once it approved they update immdtly on System). You can not travel back to US because your status has been changed H4 to H1 and you r out of country You need to go through stamping in india.

Note : Once even approved if you want to travel out of country you need to go for US consulate for H1 stamping. "


My desi consultant is contradicting to the above messgae ?
i don't know what decision to take ? somebody please give me right information. Thanks
 
saranprabha said:
i got this message from my friend's employer's lawyer.

"Your H1B is not approved now but if it get approved between June 9th and July 1st(New Rule is once it approved they update immdtly on System). You can not travel back to US because your status has been changed H4 to H1 and you r out of country You need to go through stamping in india.

Note : Once even approved if you want to travel out of country you need to go for US consulate for H1 stamping. "


My desi consultant is contradicting to the above messgae ?
i don't know what decision to take ? somebody please give me right information. Thanks
Click to expand...

I agree with what lawyer said except for the part that you can not come back before Oct. You should be able to come back with different visa other than H1.
If you travel during pending application, you lose COS, which results in approval notice without I-94. It means your status won't be changed automatically upon approval nor start date. It's the same situation H1 you filed while you are out of the US gets approved.
you certainly need to go for stamping in that case, but i think you still can come back before Oct with other visa.
 
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