Travel to Home country while H4 to H1 MTR is in process


I have applied for H4 to H1 this year and unfortunatley, I have recieved H1 denial notice from USCIS. My employer is filling MTR. But I need to travel back to my home country during this process.

As per earlier post, if I travel back to my home country in H4, my COS will be abendent. Could anyone please let me know if there are any chances of getting more queries from USCIS?

Can I travel back to my home country & if my MTR get approve by any chance then I can came back on H4. Do I need to file Change of Status again?

Please suggest!!

If MTR is approved, they will issue H-1 w/o COS. This means, you will have to enter on stamped H-1 visa, or file COS from H-4 to H-1 (after entering US on H-4).

Thanks Saurabh. Please let me know if there are any chances of getting denial in case of filing COS from H4to H1

Not sure if MTR is going to approve but in case if its approved then will that make any sense to go out of country and came back again, apply COS but I am worried as I have already gone through with this tough time. Not sure if COS can be approved easily or there are any chances of COS denial too.

Please suggest!!

COS usually gets approved if you have been maintaining status and nothing changes related to H-1 employment since H-1 was approved. In case COS is denied, your other option will be to enter US on stamped H-1 visa.

Thanks Saurabh. I am in tough situation right now…we have filed H4 to H1 and that’s denied and now MTR is in process…Meanwhile my spouse is travelling back to home country that means we need to file COS in case MTR gets approved. We can not take risk of stamping as employer is small consultant and have in-house projects.

As you mentioned COS is usually approved if I have been maintaining status and nothing changes related to H-1 employment since H1 approved but I have decided to transfer my H1 to different employer and its transfer is in progress. Now my question is:

Will My H1 transfer to different employer create any issue in MTR process for existing H4 to H1 visa for my spouse or create any issue in COS status change if MTR gets approved … Please suggest

If the H-1 petition was denied, then how are you filing for H-1 transfer? That requires H-1 petition to be approved first.

Hi Saurabh,
I am here talking about myself actually my spouse h4-h1 visa is denied , she is on H4 currently. So wanted to check will my H1 transfer to other employer will create any issue in her MTR process as welll as cos process…

Your H-1 transfer will not impact her MTR. They will be primarily looking at the original denial reasons. I assume it was denied b/c of reasons related to the H-1 employer and not your wife.

Thanks Saurabh, yes her H1 is denied due to in-house project filed by her employer. So my H1 transfer will not create any issue in COS status change from H4 to H1 and MTR process for my wife.

I have one more question, please help me in this too. I am working with employer A and My H1 transfer is in process with employer B. Meanwhile, I am planning to travel to home country in Dec’13 due to personal reason. Till, that time might be possible my H1 gets transferred or still in process with employer B. Once I came back from Home country, I will be joining employer A then will resign and join employer B. Will it create any issue in port of entry if my H1 transfer approve with employer B before coming back.
In some of the post, people have mentioned that its not advisable to travel out of country if your H1 transfer is in process… But I assume that as I will resign from my current employer A once I came back then it should not create any issue & I hope this whole transfer will not make any issues in my wife MTR as well as COS process.

Please suggest.