H1-H4, visiting india

[konasani]

Hi,
I filed for my change of status from h1 to h4. My I-539 is in initial review. My h4 effective date is from nov 7 2009,(as mentioned in I-539)

My doubt is, when my case in processing , can i go to India instead of waiting for 2-3 months to get my case approved.

If i can go, do i need to carry any documents.

Please clarify me.

Thank you.

[shervin143]

Yes, you can travel. Your COS from H1 to H4 will get abandon. You will need to get your H4 stamped (If you don't already have a valid H4 visa) to re-enter U.S as a dependent.

https://www.immihelp.com/h4-visa-stamping-documents/

[konasani]

Thank you so much for your response.
I came here on h4 visa in 2007. later i filed for h1 n started working since then.
Now, i want to change my status again to h4. As mentioned in I-539, that my h4 effective date would be from nov 7 2009.
So if i went to india
- does my current cos application will be canceled
- If i go to india, do i need to apply again for new h4

Thanks in advance.

[shervin143]

- does my current cos application will be canceled

>>>> If you travel outside the country while your COS is in progress, the COS would get abandon. But why do you care? If you already have a valid H4 visa, then re-enter U.S in H4. You would get a new I-94 valid till the expiration of the H1B petition of the primary applicant. If you don't already have a valid H4, then you need to get it stamped.

- If i go to india, do i need to apply again for new h4

>>>> Not if you already have a valid H4 stamping in your passport. If not, then you need to go for H4 stamping to re-enter U.S in H4. Irrespective of whether the COS gets approved or not, you need a valid H4 to re-enter U.S as a dependent.

Thank you so much for your response.
I came here on h4 visa in 2007. later i filed for h1 n started working since then.
Now, i want to change my status again to h4. As mentioned in I-539, that my h4 effective date would be from nov 7 2009.
So if i went to india
- does my current cos application will be canceled
- If i go to india, do i need to apply again for new h4

Thanks in advance.