Can I travel after applying for h1 from US?

USA H1B Visa
1

Hi,

I am currently on h4 visa and i am planning to travel to India for a month or two during April 2013 until may end or June beginning. Can I apply for h1 from US and travel to India? If approved before I return back to US, do I need to go for stamping in India? It’s very important that I travel to India at least by end of April 2013. What are the chances of my h1 getting approved by the time I return back in may? Please clarify.

Thanks,

Sandhya

2

In your case, you would apply for H-1 and then soon leave US. There is a high probability that your H-1 would still be under process when you leave US. This will cause COS from H-4 to H-1 to be abandoned, but the petition itself would still be processed. If approved, you will either have to go for H-1 visa stamping in your home country, or file COS from H-4 to H-1 after returning to US on H-4 visa.