Little background about my visa situation, I was working in USA using L1B visa and it expired in Feb 2013. So I had to switch to H4 (dependent) and stayed in US for couple of months. Then travelled back to India in April and got my H4 stamped.
Meanwhile, I got an offer from US based company in March 2013 and they applied a H1B (COS from H4). And selected in lottery, but it went to RFE now. Attorney is yet to send the docs back to USCIS.
But now I have situation, need to travel to US immediately for 3 weeks (may be even before attorney sends the doc back to USCIS). And will come back to India by July.
As mentioned above, have a valid H4 visa. But my doubt is, if there will be any impact in my H1B processing if I travel to USA now. Or will that questioned while I appear for H1B stamping? Please advise. Thanks!
Your travel to US will not have impact on your H-1 processing. They will happen independent of each other. It should also not impact the stamping as you have valid H-4 visa and valid reasons to travel on the same.
As a side note, as you are currently outside US, your COS has been abandoned. So it’s H-1 petition w/ consular processing at the moment.
Thanks. This really helps.
Good news…got my H1B approved just a day before I traveled to US.
Also attorney forwarded a notice stating as below, with new I-94 number as they had applied for change of status while filing my H1. But as I mentioned in my question earlier, I traveled back to India on March 25 before they filing on April 1st 2013.
I thought once I traveled out of US, COS will get abandoned, and won’t get new I-94. As I got new I-94 now, can I switch to H1 in Oct without going for stamping??
Classification: H1B
Starting Validity Date: xx/xx/xx
Ending Validity Date: xx/xx/xx
Consulate notified (if applicable):
I-94 # (if applicable): 4xxxxxxxxx
USCIS has a history of erring in their judgments. So I would suggest not using that I-94 until you get confirmation from your attorney about it. They may want to follow-up w/ USCIS as well.