Travel to India while H-4 change of status (COS) pending


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My wife was previously on B2 visa and applied for H4 change of status (COS) in October 2012, while in the US just after we got married in the US. We have not yet received the H4 change of status (COS) approval notice from USCIS. In the meantime, she is planning to travel to India for 2 months and while in India apply for a fresh H4-visa at the US consulate in India. I have a valid H1-B visa status.

Would there be any problems for my wife to get an H4 visa in India? Does leaving the US while H4 COS is not yet approved constitute "abandonment of the pending petition" and hence cause her problems in getting the H4 visa in India?

Please advise. Any help is greatly appreciated. Thanks in advance.

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  • 3 weeks later...

<p style="margin-left: 40px">I was in a similar situation and been following your post to see if any one replies with an answer. Now I got an experience to share if it is of any help.</p>

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<p style="margin-left: 40px">My wife applied for COS from H1 to H4 and immediately travelled to India. We got the COS approved in three months and by the time she already had a scheduled a H4 visa appointment at the consulate. She also got her Visa approved without issues.</p>

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<p style="margin-left: 40px">I cant specifically talk of B2 to H4, but generally this seems to be an ok thing to do. It probably was not considered as 'abandonment of pending petition' at any stage or they have huge delays in updating their systems once they collected i-94s at exit.</p>

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  • 2 years later...


I am also in same H1 to H4 COS is pending and I have to travel india. 


I would like to use ur wife's experience before I make any decision to go to India. Did ur wife go to india without COS approval ? Did she got H4 stamp easily. WHat kind of question she was asked during visa interview ?


Pls help me.




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