Can i travel on H4 to US if I have filed for a H1B?

USA H1B Visa
1

Hi,

      I am currently in H4 Visa. My H4 is expiring in June 2013. I have filed for an H4 extension in premium processing expecting to get it approved by mid april 2013. A consultancy is offering me a H1. I plan to file H1 with COS by mid april with premium processing. So will it be possible for me to travel to India in the 2nd week of May and come back by 2nd week of July .Now, my H1B will be filled and might have been approved by mid May itself.. 




1)Will there be a problem in my COS from H4 to H1?

2)I will enter US in H4 visa, will that be a problem??

3)Is there any change that my H1B gets rejected due to my travel?

Please suggest. As i need to plan accordingly.
2

  1. If you leave after H-1 gets approved, then it should be fine to travel; else your COS will be abandoned.

  2. No

  3. H-1 will not be denied b/c of travel, but COS will get abandoned if you leave US while it is still pending.

3

Thanks Saurabh for your reply. I have to get H4 stamping while I will be in India. Since my H1 will be already approved by that time, will H4 stamping make my H1b visa be wasted or denied?

4

Yes, usually it is not an issue. Even after H-4 visa gets approved, your H-1 petition is not invalidated. It will still remain approved and you can use it in future through COS or change of employers etc.