I am waiting for my H-4 to H1B COS approval. Can I leave for India and come back on H-4 before or after Oct 1st?


Travel with a COS pending abandons the request to change status. The H1B petition could still be approved, but only for consular processing. If the COS is approved before travel, a person could come back before October 1 and automatically change status on October 1. Entry on H-4 after October 1 would make the individual an H-4. If you would like help planning a strategy on how to deal with this, I suggest you schedule a consultation with one of our attorneys. (12.May.2014)

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