H4 (L2 to H4 Change of Status) Processing time

[megh]

Hi,
I got the new H1B in Dec and we applied H4 COS (L1 to H4) for my daughter on 15th Dec 2016. (Earlier she was on L2 as a dependent based on my L1) We need to go to india in 2 months for some personal matter and we are waiting for her H4 to get approved

Could some please answer the below queries?
1. If she travels to India now , what would happen to her H4 Visa application (I-539)?
2. From some of the previous threads in this forum i have read that it might take 4months to an year for the approval? Do we need to wait that long ?
3. While she would be in India Can we apply for fresh H4 from India while her first H4 application is still pending with USCIS or First we need to revoke first application and then apply for second in India. Also how much time it will take to process fresh H4 application in India?
4. We typically have 3-4 weeks visit to India during which, can we get the passport stamped if we apply for a new H4 visa der in India?

Please note that currently she is on L2. Both L2 and I-94 is expired last year.

[raghvi]

Hi,
I got the new H1B in Dec and we applied H4 COS (L1 to H4) for my daughter on 15th Dec 2016. (Earlier she was on L2 as a dependent based on my L1) We need to go to india in 2 months for some personal matter and we are waiting for her H4 to get approved

Could some please answer the below queries?
1. If she travels to India now , what would happen to her H4 Visa application (I-539)?
2. From some of the previous threads in this forum i have read that it might take 4months to an year for the approval? Do we need to wait that long ?
3. While she would be in India Can we apply for fresh H4 from India while her first H4 application is still pending with USCIS or First we need to revoke first application and then apply for second in India. Also how much time it will take to process fresh H4 application in India?
4. We typically have 3-4 weeks visit to India during which, can we get the passport stamped if we apply for a new H4 visa der in India?

Please note that currently she is on L2. Both L2 and I-94 is expired last year.

If you are on H1 she cannot be on L2 unless she is on L2 through your spouse who is also on L1 visa.

1. It will most likely be abandoned.
2. Typically it takes 4-6 weeks, but yes no one can predict.
3. Yes. No need to explicitly revoke the H4 COS application.
4. Yes.

This is my opinion not legal advice.

This is my opinion not legal advice.