Can I travel outside US on H4 if i have an approved H1B?

Dear Saurabh,

I am looking for an urgent and critical [legal advice]( related to my H4/H1 visa processing. I am in US on H4 status and my H1B has approved under premium processing this year with change of status(COS) starting from 1st oct 2013.I am looking for legal guideline for the[b] [/b]following questions.

1. Is it okay to travel outside US on H4 after approval notice is being received with COS approved and before petition start date (which is typically oct 1) . I am thinking to travel in the month of may and return on H4  July'13.


	Will this make approved petition as void?

	Will there be any problems with reentry on I94 on H4 ?

	Approved Petition will have Old I 94 Number in it and i will get new I 94 at [POE]( Does having different I94 number in this case would affect? Or I 94 on approved petition will hold validity starting Oct 1?

	Want to know is [USCIS]( last action rule allows this or not?


  1. It will not make the petition or COS void

  2. Usually, No

  3. It will not impact you

  4. As COS was approved for a future date, H-1 COS will go into effect from Oct 1 even though it was issued prior to the one you will receive on return to US. This is a slight variation from LAR. Keep the I-94 attached in 797 w/ you as that will go into effect from Oct.