Travel to India with COS pending with USCIS

[chayadevi]

Hi All,

 

I need help with my situation. I have a valid H1 visa through September 2014 (No stamping on the passport though).

I quit my job in July and applied for Change of status from H1 to H4 with USCIS. I have not received an approval yet.

My questions are:

 

1. How long does it usually take to get the H4 approval?

2. I need to travel to India in September. Can i travel while the COS case is pending with USCIS? 

3. If i do travel, will i have problems while i return to the USA? Can i get my H4 stamping in India and the current application be void with USCIS?

 

Thanks for your help in advance.

[pontevecchio]

You can get THE H4 visa and return.

[jairichi]

 

 

1. How long does it usually take to get the H4 approval? Approx. 2.5 months

2. I need to travel to India in September. Can i travel while the COS case is pending with USCIS? You can not as you will generate a new I94 when you re-enter US. This will be different from the I94 you submitted for COS. Either travel after approval or abandon COS and apply for a H4 visa at US consulate & enter.

3. If i do travel, will i have problems while i return to the USA? Can i get my H4 stamping in India and the current application be void with USCIS? You can apply for a H4 visa at US consulate in India and enter. 

 

Thanks for your help in advance.

[chayadevi]

Thank you for the replies.

[chayadevi]

Hello,

 

I had another question, how do i withdraw an application with USCIS? What will happen if i travel without withdrawing the petition?

[pontevecchio]

Nothing will happen. You can safely leave. The COS will be automatically deemed invalid.

[chayadevi]

Thank you so much!