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H1 to H4 COS pending while traveling to India

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  • H1 to H4 COS pending while traveling to India

    Hi
    I am in a tricy situation, I need your help on this.
    My status changed from H4 to H1 from 01-OCT-2015. Due to various reasons I decided to change my status back to H4 visa and planning to file COS in Dec 2015. But I have plans to go India in month of Feb 2015. I have below questions,
    1. What happens to my H4 status not approved before I travel to India?
    2. I believe I can go for H4 stamping when I visit India. Does my stamping affected since my H4 COS application pending with USCIS
    3. What happens if my COS status with USCIS approved, after my H4 visa in India approved? Does it mean my India visa stamping become invalid?
    4. What happens if USCIS approves H4, after I return to US with approved H4 visa from India?

  • #2
    I am in a tricy situation, I need your help on this.
    My status changed from H4 to H1 from 01-OCT-2015. Due to various reasons I decided to change my status back to H4 visa and planning to file COS in Dec 2015. But I have plans to go India in month of Feb 2015. I have below questions,
    >>> Are you currently working and getting paid? If not, you are considered to be out of status on H1B and a COS from H1B to H4 is not possible.

    1. What happens to my H4 status not approved before I travel to India?
    >>> You are not supposed to leave when the COS is pending. If you leave, your COS will get denied. It will take about 5-6 months to get the COS approved.

    2. I believe I can go for H4 stamping when I visit India. Does my stamping affected since my H4 COS application pending with USCIS
    >>> No.

    3. What happens if my COS status with USCIS approved, after my H4 visa in India approved? Does it mean my India visa stamping become invalid?
    >>> Nope. If you leave the country after filing the COS, the COS will get denied.

    4. What happens if USCIS approves H4, after I return to US with approved H4 visa from India?
    >>> Nothing happens. You will remain to be in H4 status. Last received I-94 will decide when your H4 status will end.
    Not a legal advice. Use of this information is strictly at your own risk.

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