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My husband has a valid H1 visa until 2016 (approved in Sept 2013). During the application for his Visa, I was on F1-OPT. Later, I decided to stay at home and filed separately for change of status from F1 to H4 before my 60 day OPT grace period ended (60 day ended on Dec 11, 2013) . Thus, my husband's 797 does not have me listed as a dependent. My COS application was received by USCIS on Oct 15, 2013. I need to travel to India in a week (on Jan 7, 2014) and my change of status on USCIS website still shows initial review. So can I travel to India with my husband's I-797 and I-129 and apply for a H4 visa in India? What happens to my COS application here? Will it affect my chances of visa approval in India? Do I need to contact USCIS? Am I doing anything illegal?
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