H4 COS, Travelled outside the country

[shailu]

I have applied for COS from H1-H4 in December and still waiting for the decision. Due to family emergency, i had to leave to India end of January. I did not have enough time to inquire if it was ok to travel when COS is pending.

 

I was under an impression, once my H4 gets approved i can go for stamping at the Consulate in India and travel back to US. But recently i came to know that my existing I539 will likely get denied due the reason i left the country and it is considered abandonment.

 

Now i'm planning to go for H4 interview at the Consulate with my husband's H1 papers. He is a full time employee with one of the fortune 500 companies.

 

1. Will i be asked questions about existing I539 application during the interview? Is there possibility of not issuing visa due to this existing petition?

2. Will i be considered Out of status from Dec to end of Jan although a I539 was filed on my behalf but it getting cancelled due to the fact that i left the Country? If so, will this cause any issues when i apply for H1 in the future?

 

Experts please provide your valuable suggestions.

 

Thanks,

Shailu

[jairichi]

I have applied for COS from H1-H4 in December and still waiting for the decision. Due to family emergency, i had to leave to India end of January. I did not have enough time to inquire if it was ok to travel when COS is pending.

 

I was under an impression, once my H4 gets approved i can go for stamping at the Consulate in India and travel back to US. But recently i came to know that my existing I539 will likely get denied due the reason i left the country and it is considered abandonment.

 

Now i'm planning to go for H4 interview at the Consulate with my husband's H1 papers. He is a full time employee with one of the fortune 500 companies.

 

1. Will i be asked questions about existing I539 application during the interview? Is there possibility of not issuing visa due to this existing petition?

2. Will i be considered Out of status from Dec to end of Jan although a I539 was filed on my behalf but it getting cancelled due to the fact that i left the Country? If so, will this cause any issues when i apply for H1 in the future?

 

Experts please provide your valuable suggestions.

 

Thanks,

Shailu

1. No. You are fine.

2. You are fine.

[Attorney_22]

You will most likely be asked questions regarding the period your COS petition was pending. Prior to completing the DS160 H4 visa application it is advisable to speak directly with a qualified U.S. immigration attorney to ensure your situation is explained clearly. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[jairichi]

I have applied for COS from H1-H4 in December and still waiting for the decision. Due to family emergency, i had to leave to India end of January. I did not have enough time to inquire if it was ok to travel when COS is pending.

 

I was under an impression, once my H4 gets approved i can go for stamping at the Consulate in India and travel back to US. But recently i came to know that my existing I539 will likely get denied due the reason i left the country and it is considered abandonment.

 

Now i'm planning to go for H4 interview at the Consulate with my husband's H1 papers. He is a full time employee with one of the fortune 500 companies.

 

1. Will i be asked questions about existing I539 application during the interview? Is there possibility of not issuing visa due to this existing petition?

2. Will i be considered Out of status from Dec to end of Jan although a I539 was filed on my behalf but it getting cancelled due to the fact that i left the Country? If so, will this cause any issues when i apply for H1 in the future?

 

Experts please provide your valuable suggestions.

 

Thanks,

Shailu

Have your I539 receipt notice to show that your COS petition was filed in time.

[shailu]

Thank you Jairichi and Attorney_22. I will call murthy law firm before I get interview appointment.