L1 to H4 COS

[neets126]

Hi

If I apply for a COS from L1 to H4 while in US, and get an approval while in the US, will it be valid if I go out of the country? Can I just get my visa stamped according to the approval I have got, if I go to India on vacation after I receive the approval? Or should I apply for a new visa again once I go out?

Also, can I travel out of the country before getting the approval, once I have received the receipt?

Thanks,
Neetha

[shervin143]

If I apply for a COS from L1 to H4 while in US, and get an approval while in the US, will it be valid if I go out of the country? Can I just get my visa stamped according to the approval I have got, if I go to India on vacation after I receive the approval? Or should I apply for a new visa again once I go out?
>>> Visa and petition are two different things. Your COS from L1 to H4 will come with a new I-94 which will allow you to stay until its expiry date. If you leave the country, you have to return all your I-94s at the airport. In order to re-enter U.S, you need a valid H4 visa stamped in your passport. Your H4 petition is NOT required to get the H4 visa stamped. You need the valid H1B petition from your spouse to get the H4 visa stamped.

Also, can I travel out of the country before getting the approval, once I have received the receipt?
>>> Yes, you can travel. To return back, you need to have a valid H4 visa and the H1B approval notice. However, it is advisable to stay in U.S when a petition is pending with USCIS to avoid multiple I-94 (Your petition might get approved with a new I-94 when you are out of U.S).