Travel to India on H4 visa when H1B visa status is under processing status?

Hi all

I am currently in H4 now ,and I applied for H1B (applied as COS via normal processing and i cant to affors to convert it to premium processing right now) for this April lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case I am confused with the following scenarios and need guidance:

1.I am in urgent situation that I might need to travel by Aug - and be back by mid of September 2016. Please advise will there be any issues in my h1b processing if I come back in my H4 visa.Also Will my stamping have any issues?

2.After getting my H1B approved by Oct , can I travel to India by Dec before joining my employer and come back in Jan to join work , what will happen if I go for stamping in India at this case or what will happen to the approved H1B?

3,Worst case if the situation is unavoidable that i travel in august please advise how to i handle the situation without issues.

Please guide me!!

  1. Your H-1 will continue to be processed and may get approved. However, COS will be abandoned if it is pending by the time you leave US. You can return on H-4 and will remain on H-4 even after Oct 1. To move to H-1, you either need to file separate COS from H-4 to H-1, or enter US on stamped H-1 visa.

  2. If H-1 is approved w/ COS, then you have to work for employer from Oct onwards. Only if COS is denied, you will remain on H-4 and can delay your joining to Jan

  3. See (1). Your H-1 processing is not impacted and you can file COS later from H-4 to H-1. If you can go for PP, then that is preferred option.