Can I travel while filing for an H1B?

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Can I travel while filing for an H1B?

I am currently in the US on an H4 visa. I am applying for my H1visa on the 1st of next month and wish to travel to India on the 15th of the following month; I will be back 2 months later. Can I travel without affecting my H1 application on my H4B status? My H1 will be effective in 8 months.

Asked on March 14, 2012 under Immigration Law, Nevada

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you cannot travel while a change of status is pending since by leaving the US, you abandon the change of status.  It can still be approved, if otherwise approvable, but it would be for consular processing and without a new I-94, which means you'd have to go outside the US again after the H-1B is approved and get a H-1B visa on the basis of the approval and then reenter the US with that visa to activate the H-1B status.


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