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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 05-03-2007, 04:50 PM
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Default Travel while visa change of status is pending

I have on H-4 right now and I have applied for a change of status to H-1B. While this change of status application is in process, Can I travel to India and come back in US ?

Last edited by up_guy; 05-03-2007 at 04:55 PM.
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Old 05-03-2007, 05:12 PM
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NO. They advise against that. As once you eave the US your application is considered cancled, not sure why, but i guess you do not keep the same I-94 any more that you attached while applying.
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Old 05-03-2007, 05:57 PM
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Quote:
Originally Posted by shirish
NO. They advise against that. As once you eave the US your application is considered cancled, not sure why, but i guess you do not keep the same I-94 any more that you attached while applying.
The application is not canceled. Only the Change-of-status(COS) request is cancelled. The underlying petition for H1 is still valid. For converting to H1B again, either you need to refile a COS petition (which for H1B will be the same process all over again - except since you already have a H1B approved, you will not fall under any "quota") or you need to leave the country and get H1B visa stamped.

If you really need to leave the country before Oct. 1st, I would suggest that you upgrade to Premium Processing. Once your H1B has been approved, you can leave the country and come back before Oct. 1st and your H1B COS will take effect on Oct. 1st. The reason USCIS follows this procedure is that they claim that leaving the country when the COS is pending amounts to abandoning the COS request (but not the underlying petition).
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Old 01-05-2014, 01:40 PM
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Default H-4 Change of status denied

I had applied for change of status while in the US. I had consulted my lawyer if I could travel to India while my application was still pending. Unfortunately, she told me it will not be a problem and I went ahead with my plans. I receive a shocking letter stating the denial of my application due to abandonment (Leaving the country)

I was suggested to:
1) Re-apply for H-4 from India which my husbands company will apply
2) How long would this take and would the initial denial raise a flag?
3) My lawyer advised not to include the denial while applying
4) Also, My H1 extension through green card is in process which would be available around Jun/Jul. Not sure if this would be affected.

Could anyone guide me what would be the appropriate procedure to handle the situation. I have 2 young kids (US citizens) and husband in the US. I cannot afford to mess this ;-(

Thank you so much in advance for all your help
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Old 06-29-2015, 03:25 PM
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Default Abandoning COS

Hi sltaranha,

I am on the very same situation. Can you please let me know if you encountered any issues while stamping H4 in India? How long did it take to get H4 stamped in India? Did abandoning the COS created any issues for you? Did they ask you anything at the interview or port of entry?

Also do you know how much did you pay for applying H4 from India?

Your response is greatly appreciated.

Thanks
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Old 12-14-2015, 09:47 PM
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can anyone update? I am in same boat.
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Old 12-14-2015, 11:00 PM
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Due to no updates on my Cos after 7 months and as I had to go to India on personal matter, I travelled in last August. Attorney told me it should be fine, however my pending cos will be abandoned and so will have to go for H4 interview at consulate abroad in order to come back to US..Applied for fresh h4 at chennai consulate, interview was fine and got my visa issued!

They did not ask much questions may be since my son who is a citizen was with me. Did not ask anything about pending Cos.Asked about my husbands job, where my son was born and who was employer for my previous h1. Thats it!

Travelled back to US after that, they did not ask me anything at the port of entry as well. Later I got the email that my COS was declined. But now that I have stamped visa in my passport, I am fine.

Hope this helps.
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