Legal Question in Immigration Law in New York

Hi, I am currently on H4 status staying in US and am filing H1B in April 2012.

I am travelling to India immediately after filing H1B for around 1 month and come back when my H1B(COS) will still be in process.

Also if when I will be coming back from India I have to come on my H4 visa and for that I need to go for H4 visa stamping as my H4 is already expired.

1-Can you please tell me if I should travel to India when my H1B is on process?

2-Also advise me if there will be an issue when I will go for my H4 stamping as my H1B will be on process?

Thanks in advance.


Asked on 4/17/12, 9:52 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

If you travel outside the U.S. when an H1B petition is pending with the USCIS, it will be approved but you will not be granted change of status.

You should have no problem with being issued H4 visa stamp at the Consulate based on the fact that your spouse is maintaining his or her respective H1B status.

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Answered on 4/18/12, 6:50 am


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