Travel Out of country during H4 to H1 transition in under progress

[venkata.silla4u]

Hi,

During H4 to H1 transition processing,Can the H4 travel go out of country and come back to US with the same H4 while the newly filed H1 COS is under processing.
Do we find any issues at during port of entry when we travel back using the existing H4 ?

[raghvi]

COS is considered abandoned if one travels before it is approved. So if you have applied H4 to H1 COS and travel before it is approved, then you will again have to file H4 to H1 COS after returning. As long as H4 is valid the person can travel on it but the COS will be abandoned.


....an alien on whose behalf a change of nonimmigrant status has been filed and who travels outside the United States before the request is adjudicated is considered to have abandoned the request for a change of nonimmigrant status......

This is my opinion not legal advice.

[Momen]

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