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I have submitted a change of status (H-1B to H4) petition which was received by the Vermont service center in May end, 2015. The current backlog is about 9 months... which would mean my petition will not be approved before January/February 2016. In the meantime, I need to go to India in September. Will this have any adverse impact on my CoS petition?
I have been told that leaving the US will result in abandonment of my petition. However, I can apply for the H4 visa in India as a dependent on my spouse's current H-1B... and re-enter the US with this H4 visa.
Is this correct? Is there any downside at all to leaving the country and applying for an H-4 visa in India vs. waiting in the US for the CoS to get approved?
Thanks!
Wander
I have been told that leaving the US will result in abandonment of my petition. However, I can apply for the H4 visa in India as a dependent on my spouse's current H-1B... and re-enter the US with this H4 visa.
Is this correct? Is there any downside at all to leaving the country and applying for an H-4 visa in India vs. waiting in the US for the CoS to get approved?
Thanks!
Wander
