COS from H1 to H4 - Abandoned

[Ram15]

I have heard that as per USCIS, if you file H1 to H4 COS and then travel to India before the approvel/denail of COS, your COS would be considered abandoned.

My doubt is whether abandoning your change of status will lead to out of status or not?

For e.g.

H1 to H4 COS filed on 8/1

H1 expired on 8/5

Travelled to India on 8/31

Does the period between 8/5 and 8/31 considered as out of status since I have abandoned my H1 to H4 COS? Will this impact the future H1B or H4 processing?

[JoeF]

You by definition only have a status while in the US.

So, if you travel abroad before a COS is approved, you don't have a status to change from, and that will result in denial of that COS.

When you enter the US, you use a visa to enter into the status that corresponds to that visa. You are then in that status.

[Ram15]

JoeF,

Thank you. I am clear on how the status works on this case.

However, I am still not clear with my out of status question. Does the period between 8/5 and 8/31 is considered as out of status or not (if my COS is denied)?

Another question, is it legal (as per USCIS) to travel after the COS is filed?

[JoeF]

You were legal while the H4 petition was pending.