I have an approved I140 from Employer A in India and my H1 extension got denied. I left to India immediately since my I94 had expired and came back to US on a stamped H4 which is valid for 2 more years.
I have an offer from Employer B who will apply for my out of cap COS from H4 to H1 based on my I140. Now, i have a planned travel to India coming up in 20 days.
A. If i leave the country while Employer B has applied for my COS in premium:
- if i get my H1 approved while still in India, can i come back on stamped H1 B for Employer B?
- If my H1 gets denied, can i still come back on my stamped H4?
- if my H1 approval gets approved but due to some reason the stamping of H1 gets denied can i come back on my stamped H4?
- will my travel during pending COS decision impact anything as long as i come back on stamped H1?
B. if my H4 to H1 COS goes into RFE and takes a couple of months to get a decision, can i travel back to US on my stamped H4 and wait in US for the decision of COS or will travel back be an issue ?
Thank you so much in advance