H4 processing time - Stay in US while H4 applied?

[blancx]

My H1 status expires November 20, 2013.  I will be applying for H4 visa prior to expiry of H1.  

 

My wife has an approved H1. What are the H4 processing times?

 

Is it possible to leave the US while the H4 application is pending? 

 

Is it required to stay in the US while the H4 application is pending?

[jairichi]

My H1 status expires November 20, 2013.  I will be applying for H4 visa prior to expiry of H1.  

 

My wife has an approved H1. What are the H4 processing times?

 

Is it possible to leave the US while the H4 application is pending? 

 

Is it required to stay in the US while the H4 application is pending?

2.5 months.

You can leave US but you need a H4 visa to enter US. If you leave it would be considered as COS petition abandoned.

[omshiv]

Its not advisable to leave the country when COS is being processed.

[pontevecchio]

You will not be applying for a H4 visa here. You will be applying for COS to H4 status. If you are going to travel you might as well travel in November and return on a H4 visa.

[blancx]

You will not be applying for a H4 visa here. You will be applying for COS to H4 status. If you are going to travel you might as well travel in November and return on a H4 visa.

 

Indeed. wrong choice of words.  

 

I am planning on exiting the US in November, but there will be a gap be around 7 days between my H1B expiry and me leaving.  In order to maintain a legal status for those 7 days, I plan on filing for a COS to H4 based on my wife's approved H1. Of course the application will go abandoned because of me exiting the US.  

 

The plan is to apply for H1 visa based on approved I-140 (my PERM is currently pending) or, if needed, an H4 visa.

 

The future holds a great excitement.

[pontevecchio]

Please save your money and buy your spouse something. A 7 day gap is no big deal.

[blancx]

Yup, that's what I figured by the end of the day.