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Can I travel to India while my h1b is in process ?

Herndon, VA |

Hi Team , I am a H1b visa holder and my spouse is on h4 visa which is valid till sept 2014 stamped on her passport . she got an employer who can file her h1b this year in April 2013 . I have few questions regrading this . please respond ASAP . 1 . Can she travel to India in may 2013 for a month ? 2 . Will there be a problem while coming back to USA while her h1b is in process . 3 . will her h4 be valid till her h1b get approve ? 4 . May this travel impact her h1b visa processing ?

Attorney Answers 3


  1. Her best bet is to check with her new employer's immigration lawyer.

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  2. Since your wife already has an attorney handling her case who knows the specifics of her situation she should consult with them about whether she should travel under the circumstances. Their advice will be way more valuable than a response on a public forum that is based on limited information.


  3. ONLY if you have a valid visa stamp stil. In other words there are still some miled left on your current visa.

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