Visa stamping in mexico

[usaimg]

Hi every one,

I am planning to travel mexico for 2nd visa stamping.But my wife COS from H1 to H4 is still pending and also her H1 got approved with consular notification process.

In this situation can i travel alone for my visa stamping.

If i travel alone what about my wife legal status in US since her H1B got approved with consular notification but her COS from H1 to H4 is still pending.

Thanks,
vens

[shervin143]

If her COS to H4 is filed before she is out of status or her I-94 expires, then she is allowed to stay in the country based on the pending H4 approval. The H1B candidate is allowed to travel outside the country without the dependents only on a very short trip. Remember, the H4 is based on H1B and without the H1B holder maintaining the H1B status (When you are out of U.S, you are no longer in any status), there is no H4 status.

[usaimg]

Hi Shervin,

Thanks for the reply .Can you please clarify me the below information again.

(Remember, the H4 is based on H1B and without the H1B holder maintaining the H1B status (When you are out of U.S, you are no longer in any status), there is no H4 status.).

Thanks,
Ven

[kabkaba]

Something is not right here. If her H1 was consular processing how is her COS from H1 to H4?

[shervin143]

Exactly, if she was not in h1B status at the first place, then how is it a COS from H1B to H4? If the H1B was approved for consular process, then what exactly was her status at the time of the H1B approval (without COS)? She will be on the same status since the change of status didn't happen. If the I-94 has already expired, then her stay in illegal as of now.

[usaimg]

Hi Shervin,

Earlier my wife was on H1B later she got laid off then changed status from H1 to H4. After few days she got another offer and the company applied her H1B with consular notification.

Now her H1B got approved with consular notification but her earlier COS from H1 to H4 is still pending.The offered company wants her to exit and entry to US with her old visa with new H1b petition since her old visa is still valid.

In this case can i travel mexico for my H1B stamping alone since my wife H1B got approved and her COS H1 to H4 is pending.

If i travel what will be my wife status.

Is there any problem if my wife exit and entry to US with her old visa.

Please clarify me above questions.Thanks for your support.

Thanks,
VN

[kabkaba]

If both of you are leaving the US, her status does not matter. You can apply for your own Visa and she can just enter using existing Visa and new petition.