willsvk Posted September 15, 2019 Report Share Posted September 15, 2019 Hi, My wife completed her 6 years in H14 Visa on Sep 02 2019. I filed COS(I 539) via my employer to make her stay with me till my H1 Validity. We have even provided Biometric for the same. Now we need to travel out of USA for a personal work. While coming back can we go for H1(for me) and H4 (for my wife) stamping? Or should we wait till her I 539 gets approved? I got slots in Canada for interviews on Oct 3rd. Want to get clarified before appearing for interview. Thanks, Vinoth Quote Link to comment
willsvk Posted September 15, 2019 Author Report Share Posted September 15, 2019 Please clarify my queries, if anyone done this before. Quote Link to comment
shekar11# Posted September 16, 2019 Report Share Posted September 16, 2019 18 hours ago, willsvk said: Hi, My wife completed her 6 years in H14 Visa on Sep 02 2019. I filed COS(I 539) via my employer to make her stay with me till my H1 Validity. We have even provided Biometric for the same. Now we need to travel out of USA for a personal work. While coming back can we go for H1(for me) and H4 (for my wife) stamping? Or should we wait till her I 539 gets approved? I got slots in Canada for interviews on Oct 3rd. Want to get clarified before appearing for interview. Thanks, Vinoth Both of you can go for stamping. Don't need to wait for the approval of H-4. Make sure you take the H-4 extension receipt with you. Quote Link to comment
pontevecchio Posted September 16, 2019 Report Share Posted September 16, 2019 yES. yOU CAN BOTH GET VISAS AND RETURN WITH YOUR h1 PETITION APPROVAL. Quote Link to comment
willsvk Posted September 16, 2019 Author Report Share Posted September 16, 2019 Thanks for your response, what will happen to I539 which i already applied? Quote Link to comment
pontevecchio Posted September 16, 2019 Report Share Posted September 16, 2019 The COS to H4 is automatically rendered invalid by leaving the country before decision. Quote Link to comment
JoeF Posted September 17, 2019 Report Share Posted September 17, 2019 5 hours ago, willsvk said: Thanks for your response, what will happen to I539 which i already applied? If you go abroad, any change of status with an I-539 will get denied because if you are abroad there is no status to change. It is irrelevant if you enter with the visa. Quote Link to comment
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