H4 stamping in India - when COS to H4 is pending with USCIS

[pramitsengupta]

I have applied for a Change of Status (I-539) from H1 to H4 in Jan 2017. The petition is still pending with USCIS. I am not sure why it is taking so long (but that is not my question here!). I urgently need to travel to India for family reason (terminally ill parent). Can you please provide me with information on how to get a H4 stamping for consulate in this scenario? Do I need to withdraw my current petition from USCIS and then go for a stamping at a consulate in India or I can keep the petition alive with USCIS and still go for a stamping. Any information on this situation will be really helpful. Also if anyone, who has faced similar situation, can share their experience would be really helpful.
Thank you.

[raghvi]

I have applied for a Change of Status (I-539) from H1 to H4 in Jan 2017. The petition is still pending with USCIS. I am not sure why it is taking so long (but that is not my question here!). I urgently need to travel to India for family reason (terminally ill parent). Can you please provide me with information on how to get a H4 stamping for consulate in this scenario? Do I need to withdraw my current petition from USCIS and then go for a stamping at a consulate in India or I can keep the petition alive with USCIS and still go for a stamping. Any information on this situation will be really helpful. Also if anyone, who has faced similar situation, can share their experience would be really helpful.
Thank you.

Technically a COS should get abandoned once one leaves US while COS is still pending. But the systems are not automated to guarantee this. But for practical purposes you can leave US and go for stamping. If officers asks for H4 I797 you can show the receipt.

This is my opinion not legal advice.