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I was on valid H1B till 13th Jan,2018 . My spouse's employer filed for H1 to H4 COS for me effective 22nd Jan,2018.

Now I am planning to go outside USA in May,2018 but result for COS is still in progress.

1. Can i go out and come back in June with a new H4 stamping ?

2. Will it make me out of status from Jan to June as my COS was not approved.Can that be an issue in future COS ?

3. What is the best alternate I do have ?

Please suggest

asked in L1, L2, H4, B Visas & Misc by (120 points)

1 Answer

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I had recently seen the case where candidate applied for COS from F1 to H1 and departed from US while the change of status was pending.

The letter said:

Because the beneficiary departed the US while the change of status was pending, the beneficiary is considered to have abandoned the request for a change of nonimmigrant status. The beneficiary's return to US does not negate the abandonment of status.

So, I would suggest not to leave US until you get your COS approved.

Hope this helps!
answered by (180 points)

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