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H1 to H4 - travelling out of country

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  • H1 to H4 - travelling out of country

    I am currently in H1 and have payroll till Dec 2010. I am planning to change to H4 and travel to India on March so I need to apply COS this January.
    My concern are

    1. If I travel to India before I get my COS approved will there be any problem.

    2. If I apply COS in January but haven't got it approved till March and travel to India on March and go for stamping on April, is it enough that if I show my COS receipt along with my pay slip till Dec.

    Please need a speedy reply as it will be helpful to make my decision quick.

    Thanks

  • #2
    1. If I travel to India before I get my COS approved will there be any problem.
    >>> No issues. Couple of things to keep in mind through
    a) If the COS gets approved (H4 with new I-94) when you are out of the country, you will end up with two I-94's in hand after your return (One from POE) and you will need to figure out the status expiry date based on the last action rule.

    b) If the H4 gets approved for consular process (No new I-94), then you are all good, since you will anyhow go for the H4 stamping before you return back.

    2. If I apply COS in January but haven't got it approved till March and travel to India on March and go for stamping on April, is it enough that if I show my COS receipt along with my pay slip till Dec.
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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