H4 stamping at a consulate - when a COS petition with USCIS is pending.


pramitsengupta

Recommended Posts

I have applied for a Change of Status (I-539) from H1 to H4 in Jan 2017. The petition is still pending with USCIS. I am not sure why it is taking so long (but that is not my question here!). I urgently need to travel to India for family reason (terminally ill parent). Can you please provide me with information on how to get a H4 stamping at a consulate in India in this scenario? Do I need to withdraw my current petition from USCIS and then go for a stamping at a consulate in India or I can keep the petition alive with USCIS and still go for a stamping. Any information on this situation will be really helpful. Also if anyone, who has faced similar situation, can share their experience would be really helpful.

Thank you.

Link to comment

H4 extension is merely a status extension for which one files I-539. H4 is not a petition per se but a status based on the valid H1 status of the spouse. You need do nothing about the I-539. You can leave and directly apply for the H4 visa and return on H4 status showing the H1 petition of the spouse.

Link to comment
4 hours ago, pontevecchio said:

H4 extension is merely a status extension for which one files I-539. H4 is not a petition per se but a status based on the valid H1 status of the spouse. You need do nothing about the I-539. You can leave and directly apply for the H4 visa and return on H4 status showing the H1 petition of the spouse.

This is not a H4 extension. This is a change of status from H1 to H4 for which one files a I-539 and that is still pending with USCIS.

Link to comment
  • 1 month later...

Archived

This topic is now archived and is closed to further replies.