Seniors Please Help H1-H4 (Travel Needed) -- URGENT ---

[gokulbruno]

Advice Needed

We have applied I539 for change of status from H1 (H1B expired on Sep 14th 2011) to H4 for my wife (due to medical reason) in May 2011 and her receipt date for I-539 which is currently in Initial Review is July 11 2011.

She is planning to go to India by early October. Since I-539 doesn't have premium processing, its taking considerable amount of time. I see the current processing date at Vermont is March 13th 2011.

In that case - what are the options ?

1. Should she travel to India as per plan, wait for I-539 approval notice, get a stamping in India and travel back to US?

(This will be very delayed process seeing the processing time line)

2. Should she travel to India, apply for H4 Visa/stamping directly in US consulate in India and travel back?

3. Is I-539 still eligible for Premium processing ?

If I go with the 2nd case what will happen to pending application at USCIS ?

Thanks

Kris

[pontevecchio]

H4 is only a status. You seem a bit confused. She can leave and come back on the h4 visa.