H1B amendment in RFE, Had to travel to India and stuck there

Hi All,

My wife 6th month pregnant now…got her H1 approved in 2015 and been working , In feb we had to apply for her H1B amendment and in March she had to go to India on family emergency.

Her H1 Amendment under PP went into RFE in March and her employer responded 6 weeks back but no progress yet. She doesnt have a H1B stamp on her passport as this is the 1st time she travlled to India after her H1B approval.

Since she cannot travel after her 6th month, I have the folowing questions

1)Can I apply for her H4 ??.

2)Is it ok to apply for H4 while her H1 amendment is under processing

  1. Do I need to appy for her H4 after applying for Amendment revoke?

4)what will happen to her H1 original petition if she gets her H4.

I am just so much concerned, thanks a lot for the help.

You can apply for her H4 but if you do that her H1 status will be automatically be revoked. Her original petition will become invalid.

I will suggest go for H1B stamping with original petition number . It will get approved unless there are any other issues.

I did the same. Went to India, got H1B stamped and came back. Lot of people will try to make you afraid but theres no problem actually. H1B visa is for entry into USA. Since your original petition is valid you will get it approved. And you have nothing to loose here. If at all worst happens and her H1 gets rejected you can do H4 stamping very next week.

Hi Subhro

thanks for your reply.

She has a h4 Visa stamping on her passport till Nov 2016 as she was my dependent on me till she go t her H1 in 2015 and we both went to India end of 2014 so she has a H4 valid stamp.

I actual got response from attorney that she can travel on that H4 she already has on the passport and her status will be H4 while travelling and once she is in US we can apply for Change of status again from H4 to H1 as per base H1 petition wont get revoked or rejected but just goes in background for now.

Once COS is approved she can start working again.

thank you.

Yes, it may be better to be on H-4 for now. This would give her more time to bond w/ the baby as a new mother and when she is ready to join the work force again, COS and H-1 cap-exempt petition can be applied.