H4-1539 -Can I travel to india while i 539 is pending


sid712

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If you travel abroad any pending COS will be denied, because by definition you only have a status while in the US, so when you are abroad there is no status to change.

You would have to get an H4 visa at the consulate. You have to have a copy of the H1 approval notice.

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On 1/9/2020 at 5:10 PM, sid712 said:

Hello all,

H1 is approved until 2022

H4 is ( I 539 ) is still pending at vermont center. Can I travel to Canada or India to get the Change of status while I 539 is still pending?

Note: H1 visa holder never applied for the visa stamping.

Yes, you can go for stamping and travel back while I539 is pending. I539 will be treated as abandoned once you leave the country, that is not an issue. Make sure you carry the I539 receipt to the interview to prove you timely filed the extension application.

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11 hours ago, sid712 said:

Thank you so much.

I would like to know does it accelerate get my I 765 application if I take this route. By leaving the county and get the H4 stamping.

My goal is to get the approved I 765 application which is linked to h4.

 

Thank you.

 

No, it won't accelerate your I765 by getting H4 stamping. 

Edited by User099
typo
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  • 2 weeks later...

Hello all,

I have applied I 539 along with h1 on June 17 2019.  H1 approved in premium on June 22nd. But my I 539 is still pending.

I have applied I 765 on Aug 6th after completion of Biometrics for i 539 application.

I am planning to go to India next week.

 If I get H4 stamping in India, Does it adverse affect on my I 765 application?

Or there any chances will they reset my  I 765 application?

 

  

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On 1/22/2020 at 6:19 PM, sid712 said:

Hello all,

I have applied I 539 along with h1 on June 17 2019.  H1 approved in premium on June 22nd. But my I 539 is still pending.

I have applied I 765 on Aug 6th after completion of Biometrics for i 539 application.

I am planning to go to India next week.

 If I get H4 stamping in India, Does it adverse affect on my I 765 application?

Or there any chances will they reset my  I 765 application?

 

  

They might issue you a RFE asking for latest I94 or copy of your H4 visa. 

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