What to do about travel back to my home country and an expired H1B stamping?

I am currently on H1B and working with an employer. I applied for my H1B (H4-H1B) 9 months ago and got an RFE. Finally I got the approved H1B 4 months ago and started working the next month. Now I need to go to India in 2 months due to personal reasons but my employer is not willing to provide the required documents. Can I go for H4 stamping in India (my current H4 stamping has expired) Also, if I can go for H4 stamping, is it required that my current employer withdraws my H1B?

Asked on February 25, 2013 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, the H-1B does not need to be withdrawn for you to apply for a H-4 visa abroad.  However, even if not withdrawn, if you reenter the US with a H-4 visa, your employer would have to repetition for your H-1B change of status so that you could start working in H-1B status again, once that petition is approved.


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