Can H4 visa holders travel outside the US while the H1B applicant is waiting for the new I- 797?

My husband is looking for a new employer/consultant to file a new H1 B for him for a contract job of about 6 months. We H4 visa holders have to go to India to visit sick parents. Our current I-94 is vlid for another6 months. We are planning to come back in Aug. 2, 2012 Is it OK for H4 visa holders to go while he stays and waits in USA for the approval of new H1 B? He has got I-140 approved.

Asked on June 10, 2012 under Immigration Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to get confirmation as to your question is to contact someone with the INS and receive written confirmation with respect to the travel plans that you desire to make.

However, from what you have written, so long as your United States visa is current, you can leave and return to this country during the period of operation of this visa and where your husband remains in the United States while you are away visiting sick parents and while his H1 B visa is being processed.

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