Visit India while change of status to H4 is pending

[holyriver6@gmail.com]

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

 

[Provence]

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. 

[pontevecchio]

I assume no 2 year HRR issue. You can get a H4 visa and return assuming your spouse is in H1 status.

[holyriver6@gmail.com]

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? 

[Provence]

Yes, will be abandoned. 

[holyriver6@gmail.com]

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.

[pontevecchio]

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.

[holyriver6@gmail.com]

But if I do not leave USA and stay back and wait for my H4. Will the H4 application and EAD come in the same time?

 

G

[pontevecchio]

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.