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holyriver6@gmail.com

Visit India while change of status to H4 is pending

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Hello!

I have a J1 visa and I have sent an application for the change of status to H4. However, I would like to visit my family now. My J1 visa will expire this month and I do not think with the current time frame I will get a confirmation for my H4 status this month. Can I still visit India and apply for a re-entry from the consulate based on a new H4 visa? 

 

Thank you

G

 

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Your J1 visa expires next month, not this month, according to a previous post; please stick to one fact. 

USCIS is horribly backlogged due to the huge number of applications received. As a H1b spouse, you are free to travel to India and apply for a H4 visa at the US Consulate in Calcutta or another. Be aware once you exit the US, your COS will be deemed abandoned. 

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Hello! I have a 2 year HRR but I do have a waiver. So I am good with it. 

One more thing. Along with my change of status, I also have an application for EAD that is pending. So if I exit now and go to India to apply for H4 from there, will my EAD application also be abandoned? 

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Thank you for all the kind replies. 

I have one more question. My application is for a status change from J1 to H4 as I have mentioned and along with that I have sent my EAD. Do you think it will be processed concurrently or do I get the H4 done first and then the EAD application will be processed.

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Once you leave the COS is deemed abandoned. You can come back with a H4 visa and once you are back in H4 status, you can apply for the EAD.

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They should come together. It is also possible you may get the EAD by mail since you applied while you were here and hence you can certainly travel and return.

Edited by pontevecchio

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