Travel to india when I-539 H4 change of status in progress

[SridharJanarthanan]

Hi all, 

Greeting! and Happy new year 2020.

I am on L1B visa which expired on 17-Dec-2017, but during my travel my i94 was given until 9th Jan 2020, and also completing my 5 years as of 9th Jan 2020.

Since my wife got the new H1b approved on 4th Dec 2019, and we have applied for dependent H4, Change of Status-COS for I-539 myself (primary) and I-539A for my daughter and son along with G-28 and documents reached USCIS on 23rd Dec 2019, and yet to get the receipt number. Due to unavoidable situation, I need to travel to india on 2nd week of Jan'20 


Question 1:
1. During this scenario, can I or myself and my son alone travel to india, and fill DS160 and do the H4 stamping in Chennai ?
2. Will my daughter H4 COS will continue here or will it get denied since primay applicant travelling outside US and we need to file a new i-539 again ?
3. Will there be an issue on my stamping due to COS pending ?


Question 2:
Along with H4 stamping, I am also planning to process fresh L1A from Chennai from my employer during the stay, and go for stamping ? will this be having any impact?

Please provide your advice on this!

 

Regards

Sridhar J

[User099]

1. You can travel while COS to H4 is pending and go for stamping.

2. I am not sure what will happen to a I539A if the underlying I539 is invalidated. May be someone else will be able to answer this. But just to be 100% sure you can file one more I539 for your daughter.

3. No issues.

 

 

[SridharJanarthanan]

Thank you so much.