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  #1 (permalink)  
Old 03-24-2013, 11:26 PM
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Question Travel to India on H4 after filing H1B

I am currently on H1B visa (stamped till Nov 2014) and my wife is on H4 visa. I would be filing her H1B petition through a consultant for FY 2014 H1B Cap.
She has to travel to India around 20 April 2013 due to some unavoidable circumstances and back to US in one month.

I understand that the H1B processing would take atleast 3-4 months and by the time H1B processing completes my wife would be back to US.
But I heard that its not advisable to leave US if your H1B petition is in process. There is a COS that happens while filing H1B.

1. What are the implications if she travel to India in the month of April 2013 and returns in a month to US? Does her H1B petition becomes invalid and she cannot get her H1B this year? (as I understand she would be back before the H1B processing completes)
2. I have heard about COS. When exactly COS happens? Does it happens as soon as H1B petition is filed?

Is there any way that she travels to India (back by May 2013) and her H1B processing is also not affected.

Any reply in this regards is much appreciated. Thanks
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  #2 (permalink)  
Old 03-28-2013, 09:52 PM
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sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold sg27 is a splendid one to behold
Default

Quote:
Originally Posted by meetrahulkumar99 View Post
I am currently on H1B visa (stamped till Nov 2014) and my wife is on H4 visa. I would be filing her H1B petition through a consultant for FY 2014 H1B Cap.
She has to travel to India around 20 April 2013 due to some unavoidable circumstances and back to US in one month.

I understand that the H1B processing would take atleast 3-4 months and by the time H1B processing completes my wife would be back to US.
But I heard that its not advisable to leave US if your H1B petition is in process. There is a COS that happens while filing H1B.

1. What are the implications if she travel to India in the month of April 2013 and returns in a month to US? Does her H1B petition becomes invalid and she cannot get her H1B this year? (as I understand she would be back before the H1B processing completes)
2. I have heard about COS. When exactly COS happens? Does it happens as soon as H1B petition is filed?

Is there any way that she travels to India (back by May 2013) and her H1B processing is also not affected.

Any reply in this regards is much appreciated. Thanks
The way I understand this is that your wife can travel and come back any time before the approval of H1B and she can still maintain H4 status. If she travels and come back before the approval of H1B, her H1B petition can still be approved but she would not be granted a change of status. What that means is that her H1B approval form will come without I-94. This is because USCIS has no way to grant COS as the I-94 submitted with petition would have already expired.

That in turn means that she will have to travel outside US and re-enter with a valid visa stamped based on new H1B approval.

Above is totally based on my understanding of how COS works. You may still want to clarify this with your attorney before traveling outside US. Ideal would be not to travel outside US.
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Old 04-01-2013, 07:54 PM
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Default

Thanks for the reply.
I understand it now why COS cannot happen since USCIS has no way to grant COS as the I-94 submitted with petition would have already expired.

In this case, doesn't USCIS raise any RFE asking to amend the i-94 if it has changed?

Cant I file any amendment saying to update i-94 with the current one, as my wife would definitely be coming back to US before the H1-B processing ends?
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  #4 (permalink)  
Old 04-01-2013, 07:56 PM
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Default

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Originally Posted by sg27 View Post
The way I understand this is that your wife can travel and come back any time before the approval of H1B and she can still maintain H4 status. If she travels and come back before the approval of H1B, her H1B petition can still be approved but she would not be granted a change of status. What that means is that her H1B approval form will come without I-94. This is because USCIS has no way to grant COS as the I-94 submitted with petition would have already expired.

That in turn means that she will have to travel outside US and re-enter with a valid visa stamped based on new H1B approval.

Above is totally based on my understanding of how COS works. You may still want to clarify this with your attorney before traveling outside US. Ideal would be not to travel outside US.
Thanks for the reply.
I understand it now why COS cannot happen since USCIS has no way to grant COS as the I-94 submitted with petition would have already expired.

In this case, doesn't USCIS raise any RFE asking to amend the i-94 if it has changed?

Cant I file any amendment saying to update i-94 with the current one, as my wife would definitely be coming back to US before the H1-B processing ends?
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Old 12-16-2013, 08:08 PM
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Default how do you convert the H4 to H1

hi Rahul,

Can you please let me know how do you convert H4 to H1? i heard getting sponsers for H1 is really a tough job. if you have gone via consultancy, can you please provide the contact? my email id : y.terious@gmail.com. it will be a real help if you could provide me this info.
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  #6 (permalink)  
Old 05-18-2014, 09:09 PM
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Default what happened

Hey Mithukumar,

Is your wife travelled to india? if so what happened to her h1b application.

I am also in same situation, and i heard that we can apply for amendment to update i-94. So just wondering what happened in your case?
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