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


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No, the H-1B does not need to be withdrawn for you to apply for a H-4 visa abroad.  However, even if not withdrawn, if you reenter the US with a H-4 visa, your employer would have to repetition for your H-1B change of status so that you could start working in H-1B status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

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.