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SriDivya
04-03-2013, 05:04 PM
Hi,

Currently I am on H4 visa and have applied H1b for FY 2014 on April 1st 2013. I haven't received receipt number till now.

Can I visit yo India for 2 weeks in month of april and come back to US, will that effect my H1.
Kindly help me in this.

krishmunn
04-04-2013, 10:15 AM
Your H4 to H1 COS will be cancelled if you travel before H1 is approved. So when H1 is approved, you will need to go out, get a H1 visa and travel using it to start working on H1.

imh1b
04-04-2013, 01:04 PM
Your H4 to H1 COS will be cancelled if you travel before H1 is approved. So when H1 is approved, you will need to go out, get a H1 visa and travel using it to start working on H1.

That is incorrect. He is H4 and will be H4 until his H1 is approved. If H4 is stamped he can go as many times he want outside the country. If H4 is not stamped then he has to get it stamped first outside usa while traveling. Even though his H1 is in process.

krishmunn
04-04-2013, 10:34 PM
That is incorrect. He is H4 and will be H4 until his H1 is approved. If H4 is stamped he can go as many times he want outside the country. If H4 is not stamped then he has to get it stamped first outside usa while traveling. Even though his H1 is in process.

Sorry it is you who is incorrect. Check this Travelling with H1B COS pending - Avvo.com (http://www.avvo.com/legal-answers/travelling-with-h1b-cos-pending-330845.html) "The change of status is legally forfeited"

The H1 is fine but the COS is invalid. OP will need to then do another COS OR travel out and travel in with a H1 visa to get into H1 status


Also check Travel After Change-of-Status Approval with Future Start Date Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com/2005/05/06/travel-after-change-of-status-approval-with-future-start-date/) Check the last part where Attorney Murthy says "a person who travels abroad and attempts to reenter the United States while a change of status is pending abandons the request for the change of status."