H4 COS pending travel issues

[sanjanaroy33]

Hi all,

I quit my job on September 2012 (my boss was making my life a living hell) while on H1B and filed for a COS to H4 on Sept 26th 2012. My application is currently under initial review. My H1B is valid till August 2014. I have to travel to India on December (My fiance and I have done a court marriage here and submitted the marriage registration certificate for the change of status application and basically have to travel to India for the social ceremony-hence can't postpone it).

I would like to know if I travel, will my H4 application be abandoned at USCIS? Can I travel back to US with my existing H1B? So once I reach India- should I wait for my H4 to come through or would I need to make a fresh change of status application?

Thanks soo much in advance,

Sanjana Roy

[pontevecchio]

H4 is merely a status. You will need to get a H4 visa in India to come back in H4 status. H4 does not involve a petition like H1 and is a status based on the valid H1 status of your spouse.