Travel to India after filling H1(Currently in H4)

USA L1, L2 Visa
1

Hi,

  I am currently in H4 Visa. A consultancy is offering me a H1. So will it be possible for me to travel to India in the 2nd week of April and come back on May end.Now, my H1B will be filled on April 1st and will be in processing stage.

1)Will there be a problem in my COS from H4 to H1?

2)I will enter US in H4 visa, will that be a problem??

3)Is there any change that my H1B gets rejected due to my travel?

Please suggest. AS i need to plan accordingly.

2

  1. COS is abandoned if it is still under process and if you leave US.

  2. No problem

  3. H-1 will not be denied b/c of travel but COS will be abandoned.

If you leave US after H-1 is approved w/ COS, and then return prior to Oct 1 on H-4, then your COS approval will still go into effect from Oct 1.

3

Thanks for your Valuable information.So, once i come back can i process the COS separately without any issue to H1??

4

Yes, it will just the COS (or maybe H-1 amendment to change it from w/o COS to w/ COS). Usually, your previously approved H-1 petition will not be impacted.

5

Thank you so much.Now i can book my ticket without any confusions.