Emergency Travel: H4 Petition Pending with USCIS

[RajHC]

Dear All,

I have an emergency at home and need to travel to India ASAP.

My I-539 petition is pending for an H4 visa with I-797C notice date of April 8, 2011.

Will I jeopardize my re-entry if I go to India while my H4 is still pending?

Please give your suggestions. It is very urgent situation.

Thanks.

[RajHC]

Could anybody please look at this issue and provide some insight.

@pontevecchio: Could you please help in this matter?

[pontevecchio]

VISA is a physical stamp in a Passport. You are awaiting COS to H4. You can leave and come back on the H4 visa which you have to do even if your COS were to be approved before you leave.

[Attorney_6]

Right. The COS does not have to be approved for an individual to obtain the H4 visa stamping. The H4 visa stamp is requested based upon proof of marriage to an H1.

Status is determined by the I-94 card generally. So, the COS to H4 is a way to get an I-94 card as an H4 w/o leaving the U.S. Alternatively, it is possible to obtain the H4 I-94 card at the Port of Entry IF one has an H4 visa stamping.

[RajHC]

Thank you for your replies.

So does that mean that leaving the country now while H4 application is under process here does not in anyway disturb this current application?

Shall I have to wait in India for my H4 approval to come and then only apply for visa stamping? Will the stamping procedure need the original H4 approval?

Thanks.

Raj

[RajHC]

Thank you for replies from both of you.

I have some more complications:

(a) Previous non-cap H1B was valid until April 20.

(b) Applied for an H4 (on behalf of spouse) for the duration from April 11 to Sept. 30 and have an I-797C receipt notice from April 10.

© A new H1B filed by new employer on May 25. This will be available from October 1.

Is it advisable to go to India with these two applications under process?

Will there be a fair chance of getting H4 stamped, say by July 1st?

Many thanks again.

Raj