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Posted on 05 Jul 2010
Q.

Processing new H1B FY2011 - Travel to India on H4 possible?

I am currently in H4, entered USA on Feb 2010. I was in H1B from Oct 2007 to Oct 2009. I got a Job offer and the company is going to file new H1B. I have to attend my sister marriage on Aug 22,2010 in India. I would like to travel on July 13,2010 return on Sept05,2010. My company is not ready to do premium processing. My employment start date is Oct 04,2010.
1.Can I able to travel before the company files my H1B petition?
2.If I get H1B approved without I94, after I return to US on H4. Can I able to do Change of Status from h4 to h1? or Do I have to travel again to Home country before starting the job?
3.If I return in H4 on sept 05,2010. Will it void/affect my new H1B processing/approval?
4.If I get H1B approved before I return to USA, can I still be able to travel back on H4?

User's Location: Gaithersburg, Maryland, United States of America
Category: H1B Visa (Work Visa)
Posted on 06 Jul 2010
A.
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Michael Ryvin
Immigration Lawyer
Ryvin Wallace Group
(415) 765-0679

www.ryvinwallacegroup.com

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