Enter US on H4 while H1B Amendment is pending

#1

@Anil_Gupta : If person’s H1B amendment is in progress (in India, First time travel didn’t happen), Can he/she travels on H4 until amendment completes(As it takes time 3-5 months) , and then come back and travels on H1B. ? pl guide, is it safe and legally viable ?

I have heard they may cancel H1B during H4 interview, is this true?

H1B-H4-H1B route for H1B currently in India, Spouse in USA on H1B
(Anil Gupta) #2

You can legally travel to US on H4 visa if you have one stamped in your passport as long as it is valid.

H1B transfer or amendment or any other type of pending H1B application should not be affected.

Not sure where you are hearing the stuff from. If you follow the law, everything is clear.

1 Like
(Saranya Sowrirajan) #3

Hi anil,
My H1B petition(filed in consular processing) for 2020 is picked up in the lottery. I am on H4 and work using my H4EAD. I have valid H4 till March 2021. Now can i travel to india in June. Will it affect my h1b or entry back to the USA.

(Anil Gupta) #4

Hi @Saranya_Sowrirajan
You can safely travel and enter US in June using your H4 visa.

It will not affect your H1B processing as you have chosen the ‘consular processing’ option.

(Saranya Sowrirajan) #5

Hi Anil,
My HR said that last year all the h1b petitions filed in consular processing were given change of status to h1b visa by the uscis and there are chances that could happen to me and it purely decision of uscis . I am not sure if this done after h1b approval. What are the chances for this to affect my travel. Can i convince immigration officer in that case, because there is an emergency for me to travel as my father in law’s health condition is serious.

(Anil Gupta) #6

You are just using a hypothetical situation.

Why would USCIS give your change of status approval when you have applied for consular processing? I do not understand this logic.

(Saranya Sowrirajan) #7

Hi anil,
I don’t know honestly how h1b and consular processing work. Since the time i came to the USA i have been only on H4. It will be really helpful if you could send me some details on these. Now that h1b is picked what are the next steps. I have also applied for H4EAD extension on march 18th case is received at USCIS.

(Anil Gupta) #8

I have details about what happens after H1B lottery selection and what does change of status and consular processing mean.

Please read to understand the whole thing: