Traveling abroad when H1b Change-of-status case is in progress

[us-im-1]

Hello all,

My wife's employer has applied her H1b visa thru Change-of-status in April-2017 cap filing. Her immigration team notified her today that:

If your case is selected for the lottery and we receive a USCIS receipt notice, please take note of the following because it is extremely important for your case:

Because your case is a change of status from your current status to H-1B, you may not travel outside of the US for any reason until your case has been approved by USCIS. Travel abroad while your case is pending will void your change of status and result in your case being denied. Change of status cases require you to be in the US for the entire time your case is being processed.


Actually we anticipate some emergency travel to India in next 3 months.

So I wanted to know:
1. in Change-of-status case - is it OK if we travel to India and back to US between - being picked up in lottery and getting USCIS approval.
2. Is there a possibility of changing COS to Consular Processing now?
3. In consular processing case - is it OK if we travel to India and back to US between - being picked up in lottery and getting USCIS approval.

Please advise.

Many thanks in advance.

[NettieL]

I would follow my attorney's advice on this if I were you.

[raghvi]

Hello all,

My wife's employer has applied her H1b visa thru Change-of-status in April-2017 cap filing. Her immigration team notified her today that:

If your case is selected for the lottery and we receive a USCIS receipt notice, please take note of the following because it is extremely important for your case:

Because your case is a change of status from your current status to H-1B, you may not travel outside of the US for any reason until your case has been approved by USCIS. Travel abroad while your case is pending will void your change of status and result in your case being denied. Change of status cases require you to be in the US for the entire time your case is being processed.


Actually we anticipate some emergency travel to India in next 3 months.

So I wanted to know:
1. in Change-of-status case - is it OK if we travel to India and back to US between - being picked up in lottery and getting USCIS approval.
2. Is there a possibility of changing COS to Consular Processing now?
3. In consular processing case - is it OK if we travel to India and back to US between - being picked up in lottery and getting USCIS approval.

Please advise.

Many thanks in advance.

1. Not recommended.
2. Once receipt is generated, one can file an amendment for the same.
3. Yes.

As mentioned by another forum member, advisable to seek opinion of your attorney before planning a travel.

This is my opinion not legal advice.

[us-im-1]

I would follow my attorney's advice on this if I were you.

thanks NettieL.
Can I change it to Consular Processing now?

- - - Updated - - -

1. Not recommended.
2. Once receipt is generated, one can file an amendment for the same.
3. Yes.

As mentioned by another forum member, advisable to seek opinion of your attorney before planning a travel.

This is my opinion not legal advice.

Many thanks Raghvi.