Travel to HomeCountry while COS from H1B to H4 Pending

[vipinkataria2209]

Hi
My wife was on H1B till Mar 15 2014 and she applied COS to H4 which is still pending.
She want to travel to India now .
1) Is it safe to travel to India while COS from H1B to H4 pending?
2) Would it be problem in future if she apply COS from H4 to H1B ?
3) How much time generally it took for COS from H1B to H4?

Thanks
Vipin

[raghvi]

Hi
My wife was on H1B till Mar 15 2014 and she applied COS to H4 which is still pending.
She want to travel to India now .
1) Is it safe to travel to India while COS from H1B to H4 pending?
2) Would it be problem in future if she apply COS from H4 to H1B ?
3) How much time generally it took for COS from H1B to H4?

Thanks
Vipin

On what visa is your spouse going to return? Does she have a valid H4 stamped in her passport?

Travel out of US while a COS is pending means abandonment of ones COS, because what use is a COS application while one is outside US. Abandoning COS would mean she would be out of status fro her last pay date till she leave US.

1. She would need valid H4 visa in passport to be allowed re entry in US. If she has it then good, otherwise she would need to go for stamping.
2. I dont think so.
3. It can take 2-4 Months.

This is my opinion not legal advice.

[vipinkataria2209]

On what visa is your spouse going to return? Does she have a valid H4 stamped in her passport?

Travel out of US while a COS is pending means abandonment of ones COS, because what use is a COS application while one is outside US. Abandoning COS would mean she would be out of status fro her last pay date till she leave US.

1. She would need valid H4 visa in passport to be allowed re entry in US. If she has it then good, otherwise she would need to go for stamping.
2. I dont think so.
3. It can take 2-4 Months.

This is my opinion not legal advice.

She doesnot have a valid H4 Stamped in passport .We are still waiting for H4 approval as COS from H1B to H4 is still pending.

Let say she travel back to India and abandon COS ,would it be problem for her to get H4 Stamped ? as she is planning to go around June which means she would acquire out of status for almost 3 months.
We already got the Receipt of H4 transfer on 19th March 2014.

Would it be advisable to abandon COS?

[raghvi]

She doesnot have a valid H4 Stamped in passport .We are still waiting for H4 approval as COS from H1B to H4 is still pending.

Let say she travel back to India and abandon COS ,would it be problem for her to get H4 Stamped ? as she is planning to go around June which means she would acquire out of status for almost 3 months.
We already got the Receipt of H4 transfer on 19th March 2014.

Would it be advisable to abandon COS?

When is her I-94 expiring?

[vipinkataria2209]

When is her I-94 expiring?

Her I-94 Expiring on 30th Sep 2014

[raghvi]

Well you are right that she would go out of status from her last pay day onward if she leaves but if she cannot wait, then its fine that she leaves, go es for H4 stamping and return. One can always state that USCIS was taking too logn to decide hence one went out to get oneself the H4 stamp and return. I dont think there would be any issues around that.

Her future move from H4 to H1 would depend upon the employer's H1 petition, job description and employer's capability to pay.

This is my opinion not legal advice.

[saireddy21]

Travel to HomeCountry while COS from H1B to H4 Pending

Well you are right that she would go out of status from her last pay day onward if she leaves but if she cannot wait, then its fine that she leaves, go es for H4 stamping and return. One can always state that USCIS was taking too logn to decide hence one went out to get oneself the H4 stamp and return. I dont think there would be any issues around that.

Her future move from H4 to H1 would depend upon the employer's H1 petition, job description and employer's capability to pay.

This is my opinion not legal advice.

Hi Vipin,

I am also in same boat.my H1 to H4 COS is pending and I have to travel india.

I would like to use ur wife's experience before I make any decision to go to India. Did ur wife go to india without COS approval ? Did she got H4 stamp easily. WHat kind of question she was asked during visa interview ?

Pls help me.

Thanks
Sai

- - - Updated - - -

Hi Vipin,

I am also in same boat.my H1 to H4 COS is pending and I have to travel india.

I would like to use ur wife's experience before I make any decision to go to India. Did ur wife go to india without COS approval ? Did she got H4 stamp easily. WHat kind of question she was asked during visa interview ?

Pls help me.

Thanks
Sai

[Appsic]

Hi Vipin,

I am also in same boat.my H1 to H4 COS is pending and I have to travel india.

I would like to use ur wife's experience before I make any decision to go to India. Did ur wife go to india without COS approval ? Did she got H4 stamp easily. WHat kind of question she was asked during visa interview ?

Pls help me.

Thanks
Sai

- - - Updated - - -

Hi Vipin,

I am also in same boat.my H1 to H4 COS is pending and I have to travel india.

I would like to use ur wife's experience before I make any decision to go to India. Did ur wife go to india without COS approval ? Did she got H4 stamp easily. WHat kind of question she was asked during visa interview ?

Pls help me.

Thanks
Sai

Hi Vipin,
I am in the same boat. Please let me know how did it go with you.