Emergency travel to India when H4 to H1 transfer petition got approved


I travelled to India for an emergency in July and my H1 transfer petition got approved. I am not able to travel back

before October. Below are my questions.

  1. Do I need to go for stamping in India. If so how soon I need to get it stamped?

  2. How long can I stay outside US as my I797 got approved from October 1?

  3. Apart from mandatory documents required for stamping. Is there a need to submit any other document to validate my emergency situation?

  4. Is there a possibility for case rejection/ stamping rejection for this situation?

  5. My petition got approved based on my old I-94 document. What will be the status of my case as I travelled in July?



  1. Yes, you will have to get H-1 visa stamped in order to return and work on H-1. The other option is to return on current H-4 visa and then apply for COS from H-4 to H-1. H-1 stamping can be done anytime during the petition validity period.

  2. As long as you want

  3. No

  4. No. Just b/c you are outside US and not using H-1 doesn’t impact your approved H-1 petition

  5. There is no status as you left US. You will be granted new visa status when you return to US (on H-1 or H-4).