H1 to H4 COS and travel out of country

[tarunparmar]

Hi,
My wife quit job last year in Oct and we filed I-539 for her COS from H1B to H4. The application is in "initial review" and we had to travel to India for emergency reasons. 
I would like to know what are the formalities and documents needed for H4 Visa interview at US Consulate in India. Also, I read in most of the online posts that once you travel outside country having your COS application pending, it automatically gets abandoned or is of no use since you are already outside of US.

So I called USCIS this morning to get more info and they told me that I have to submit a withdrawal letter to cancel the I-539 application.

I am not sure if I should submit the withdrawal letter. Or better just let my wife go through the Visa interview and see what happens.
lease share if you had been into similar situation as me.

Thanks,
Tarun

[pontevecchio]

No such letter needed. Please remember never to talk to the USCIS reps unless totally unavoidable as they have no clue in many cases. See what happens is not an appropriate response. She NEEDS a H4 visa to return.

[jairichi]

Hi,

My wife quit job last year in Oct and we filed I-539 for her COS from H1B to H4. The application is in "initial review" and we had to travel to India for emergency reasons. 

I would like to know what are the formalities and documents needed for H4 Visa interview at US Consulate in India. Also, I read in most of the online posts that once you travel outside country having your COS application pending, it automatically gets abandoned or is of no use since you are already outside of US.

So I called USCIS this morning to get more info and they told me that I have to submit a withdrawal letter to cancel the I-539 application.

I am not sure if I should submit the withdrawal letter. Or better just let my wife go through the Visa interview and see what happens.

lease share if you had been into similar situation as me.

Thanks,

Tarun

Once your wife exits US her COS petition from H1B to H4 gets abandoned. She needs a copy of your I797 to apply for a H4 visa.