Legal Question in Immigration Law in Georgia

I have applied for Change of Status(COS) from H1 to H4 in Nov,2014. My case is still Pending. But now I have to travel outside USA, to India, urgently due to family emergency. My question is :

1. What will happen to my COS application when I go outside of USA to India?

2. Can I appear for a H-4 interview in India and get H-4 visa stamped there, while the COS application is still pending? (My husband is not traveling with me to India, but he has I-797A till 2017, so I will carry a copy of his I797)

3. In case I get a RFE on my COS application while I am in USA, but I still go to India, what will happen to my COS application and in this case can I apply for a H-4 Visa and stamping in India ?

Please help.


Asked on 12/04/14, 7:20 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

It would even be easier to just obtain your H-4 at the U.S. Consulate in India than wait for your I-539 adjudication (which does not give you a visa anyway).

You can withdraw the I-539 when you return to the U.S.

Make sure you bring your spouse's original H-1B approval notice & your marriage certificate with you!

Good luck.

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Answered on 12/04/14, 7:48 pm


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