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h4 to h1b-travel to india when h1b is in RFE

Discussion in 'Immigration Matters' started by anushka1978, Jul 29, 2014.

  1. anushka1978

    anushka1978 New IL'ite

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    Hi Friends

    1. Currently I am on H4 visa and in US
    2. Applied for new H1b and COS

    3. Got selected in lottery in 2014 cap.
    4. Currently my case is in RFE.
    5.I need to travel to India in August month.
    6.When my case is in RFE can I travel to India?
    7.Will my H1b case have any problem in approval if I am going out of country during RFE is in progress?
    8.Suppose if it approved when I am in India, do I need to attend for Visa using H1B papers? OR Can I travel using my current H4 visa.
    9. If I can travel back using H4 visa, do I need to apply for H4 to H1 COS again after I come back again to work using H1B?
    10 .Can i travel to india when H1b is with RFE
    11. Do i want to ask my employer if i want to travel
    12. How long does it take for any Rfe to get processed

    Thanks in advance
     
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  2. Ashat

    Ashat New IL'ite

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    Hi have u applied thru consultancy. If yes pls pm me about the consultancy details.
     
  3. JustMyself

    JustMyself Gold IL'ite

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    Congrats !! Good you are getting a H1b soon.
    Technically, Yes ! But practically it is NOT advised, as it gets complicated.
    Approval will not be a problem, but COB will be, as per this article
    "travel on their nonimmigrant visas will result in the abandonment of a pending Form 1-485 Application for Adjustment of Status." --> Snippet from the same article
    Yes, you have to. And H1 becomes active only after Oct 1st. Whenever you get petition approvals, you have to stamp passport in a consulate. (Making it a H4 afer H1 approval will add more complications.
    After your last travel into USA using H4, you have to find a way to get H1 VISA kicked in. Since your COB will be abandoned, you have to approach a consulate to get your VISA stamped.
    By the way, if you had a H4 extension after your last travel into USA, then you have to go for h4 VISA stamping in India, and also find a way for h1 to kick in after travelling to USA.
    [/QUOTE]
    Very very risky to do that, as per this article
    Yes, please speak with your employer.
    [/QUOTE]

    My Suggestion: Please travel only if it is unavoidable, and if you can not avoid, please wait atleast till you get your VISA approved. There are several ways to handled H1B to H4 or H4 to H1B, and many applicants have used several methods to get around loop-holes (eg) leap-frog. While it works 98% of the time, try not to create a situation where you end up in the 2%

    Disclaimer: I am not a legal adviser. Best is to consult with a lawyer or immihelp.com or murthy.com etc.
     
  4. chocolate

    chocolate Platinum IL'ite

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    OP, Avoid travelling. When in RFE its risky to travel. If your case gets approved when you are ready to return, chances are there you maybe detained. Don't take a chance.Good LUck.
     

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