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Rohitk

Travel during H1 to H4 Conversion

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Any suggestions on my situation

I have my approved H1B til Sep 2020, 

Applied for my wife change of status from H1B to H4 in the month on Jan 2018 which is still under 'Case Was Received' status. Her H1B expired in Jan 2018 and received the receipt before her H1B expiry which i find as no problem

We are planning on Travelling out of the country when her case is still not approved yet.So i assume we need to go to a consulate to get her H4 visa done

My question is do i send a letter to cancel the conversion process I539 and travel, in which case her status becomes illegal or do i send a letter to USCIS once I am done with Visa interview, would she even get a VISA approved for H4 when the case I539 (change of status) is still under process?

Please suggest

 

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10 hours ago, Rohitk said:

Thank you Pontevecchio , if the COS nullifies, is her stay still supposed to be Legal till date , and also does the 240 day rule apply for COS, as her application is still under received status

Her stay is legal while the COS is pending. I am not sure what "240 day rule" you are talking about. H1 with a pending H1 extension of status can work for 240 days while the extension is pending; there is no H1 extension here; she cannot work after her H1b expired.

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