Regarding H4 to H1 Filing & Stamping

USA H1B Visa
1

Hi Saurabh,

Thank you very much for your response against my earlier queries.I have another one which is related to my earlier Q.2.

I am planning to go to India after filing my H1 in the first week of April 2013 and return back by Aug 2013 but i am little confused here to really travel or not as i am getting different inputs from different people.

here are some of the inputs that i received,

1.I can travel post my H1 filing to India and make sure I am back to US on my current H4 before Sep 2013 as my H1 will be approved in the month of Sep 2013 or after that.

2.I can travel post my H1 filing to India and can return back to US with my current H4 but should apply for amendment of H1 which may cost approximately $2,000 as H1 is still in process.

3.I can travel post my H1 filing to India and cannot return back to US untill and unless my H1 stamping is done in India.If H1 is approved i can travel back to US with approved H1 else with existing H4.

Request you to suggest or let me know what will exactly happen if I travel to India after filing my H1 in the first week of April 2013 and return back by Aug 2013.

Thank you in advance.

Lakshmi

2

#2 is the correct answer. When you leave US, your COS from H-4 to H-1 will be abandoned (if H-1 is still under process). You can return on H-4, and file for amendment/COS. I don’t think it will cost $2000 as it’s an amendment and not a new petition.

Another option - file H-1 w/ premium processing so that USCIS process it within 15 calendar days. Once approved, leave US and return to US prior to Oct 1 on H-4. Based on your previously approved H-1 you will automatically move to H-1 from Oct 1. However, if RFE is issued then your travel plans will get delayed.