My H1B application is still in "Case Received " status.
Currently I’m in US on H4. I’m planning a trip to India lets say from Aug 1st to Aug 30th.
If during my stay in India(say Aug 15th) if my H1B gets approved, should I get my passport stamped from the US embassy?
WIll I be able to travel back to US on my H4 even if my H1B gets approved during my stay in India?
In the above scenario, will there be any complications or risks that I should be aware of?
Thanks in advance.
Has your H1B petition filed as COS from H4 to H1B? If yes, then generally it is not recommended to travel. If you travel, then your i94 changes and then your H1B will be approved as CP(Consular Processing).
You will be able to come back on H4, but after your visa is approved, you may not be able to work.
To work, you will have to apply COS from H4 to H1B again and only after it is approved you can start working. Else, you have to leave the country, get H1B stamping and enter US on H1B.
Thank you very much for your clarification.
You are the only one who gave me a clear answer. I thank you profoundly.
One more question: Is it possible to file the petition without COS when you are in USA on H4 visa?
yes it is possible. But it should have been done when your H1 was filed initially. The pending petition can not be changed in middle.