H4 Visa stamping while H1 B to H4 COS is in progress

[RKUMAR0609]

Hi,

My H1B to H4 change of status is in progress and I do not expect the approval for at least next  5 to 6 months as it was file in July 2017.

My husbad already has a approved I797 till 2019.

But I need to travel to India due to some medical emergency hence wanted to check on the below questions:

1) Is it advisable to travel to India when my H1B to H4 COS is in progress?

2) What is the process if I want to travel back after 2 months or do I need to wait for the approval of COS?

3) My last working day was in July 2017 and if I travel in September 2017 will I be considered out of status for this period?

4) Is the rejection percentage in such cases very high?

Thanks

[pontevecchio]

The COS will be nullified by travel. This does not affect you in any way. Nothing called H4 petition.

You will need a H4 visa and your spouses latest H1 petition to return. You will then get H4 status till that petition expires.