Travel after filing I-129 (on H4 visa)

[groo028]

My wife is on H4 visa that is valid until January 31st 2013. She recently got a job offer and the company has filed I-129 during May 2012. As of right now, the status is still Pending.

We are planning to travel out of the country during the first week of September (for about a week). Can we do this without any issues or should we be worried about the status pending?

Thanks!

[Attorney_10]

Generally, a change of status application will automatically be abandoned if the applicant travels abroad while the application is pending. S/he will need to remain outside the U.S. until the petition is approved for consular notification and then apply for a visa at a U.S. consulate in his/her home country. Alternatively, if the individual returns to the U.S. in H4 status, s/he will need to file a new H1B petition with a request to change status or depart the U.S. and return on valid H1B status. Please schedule a consultation with a qualified immigration attorney to discusss the specific facts of your case and to determine the options available to you and your spouse.