H4 Visa (L2 to H4 COS) processing time

[rahul04joshi]

Hi,

I got the new H1B in Sept and We applied H4 COS (L1 to H4) for my wife on 01 Sept 2015. We have received the receipt number but even after 4 months the decision is still pending with USCIS. Now due to some urgent reason my wife needs to travel to India while her H4 visa application is still pending with USCIS. Could some please answer the below queries?
1. If she travels to India now , what would happen to her H4 Visa application (I-539)?
2. Do we need to explicitly revoke the I-539 application in USCIS? If yes how much time it would take.
3. While she would be in India Can we apply for fresh H4 from India while her first H4 application is still pending with USCIS or First we need to revoke first application and then apply for second in India. Also how much time it will take to process fresh H4 application in India?

Also one thought is wandering in my mind is that since i have waited for 4 months it would be best to wait one more month and see. Does anybody support that thought? Do you think The result will come in 5 months?

Please note that currently she is on L2. Both L2 and I-94 is expired last year.

Thanks

[shervin143]

1. If she travels to India now , what would happen to her H4 Visa application (I-539)?
>>> It will most likely be denied since she traveled out before a decision is made.

2. Do we need to explicitly revoke the I-539 application in USCIS? If yes how much time it would take.
>>> Not required.

3. While she would be in India Can we apply for fresh H4 from India while her first H4 application is still pending with USCIS or First we need to revoke first application and then apply for second in India. Also how much time it will take to process fresh H4 application in India?
>>> There is no need to withdraw the application or file another H4 petition. All that she need to do is schedule the H4 visa interview using your H1B approval notice. Once H4 visa gets approved, she can travel to U.S in H4 visa and she will be in H4 status.

Also one thought is wandering in my mind is that since i have waited for 4 months it would be best to wait one more month and see. Does anybody support that thought? Do you think The result will come in 5 months?
>>> USCIS is taking 5-6 months to give a decision. So if it is already 4 months, then it is advisable to wait for another 2 more months. A decision will be made before that time.

Please note that currently she is on L2. Both L2 and I-94 is expired last year.
>>> In that case, it is advisable to wait and get the H4 approved. Otherwise, if she leaves, her H4 will be denied and her stay past the last I-94 expiry date will be treated as illegal stay.

[rahul04joshi]

1. If she travels to India now , what would happen to her H4 Visa application (I-539)?
>>> It will most likely be denied since she traveled out before a decision is made.

2. Do we need to explicitly revoke the I-539 application in USCIS? If yes how much time it would take.
>>> Not required.

3. While she would be in India Can we apply for fresh H4 from India while her first H4 application is still pending with USCIS or First we need to revoke first application and then apply for second in India. Also how much time it will take to process fresh H4 application in India?
>>> There is no need to withdraw the application or file another H4 petition. All that she need to do is schedule the H4 visa interview using your H1B approval notice. Once H4 visa gets approved, she can travel to U.S in H4 visa and she will be in H4 status.

Also one thought is wandering in my mind is that since i have waited for 4 months it would be best to wait one more month and see. Does anybody support that thought? Do you think The result will come in 5 months?
>>> USCIS is taking 5-6 months to give a decision. So if it is already 4 months, then it is advisable to wait for another 2 more months. A decision will be made before that time.

Please note that currently she is on L2. Both L2 and I-94 is expired last year.
>>> In that case, it is advisable to wait and get the H4 approved. Otherwise, if she leaves, her H4 will be denied and her stay past the last I-94 expiry date will be treated as illegal stay.

Hi,

Thank you for your time and suggestion.

To your last point
"In that case, it is advisable to wait and get the H4 approved. Otherwise, if she leaves, her H4 will be denied and her stay past the last I-94 expiry date will be treated as illegal stay"

Will this have any future impact on H4 B stamping in India or Port of Entry here?

Thanks

[shervin143]

Illegal stay can always cause issues. It depends on teh officer who handles your case. Also, while filling DS160 there is a specific question that asks if your ever violated the visa regulations while in U.S. If you have accumulated illegal stay or out of status period, then you should answer YES to it and provide reason. It is then up to the VO to decide whether the explanation give for the over stay is acceptable or not.

Hi,

Thank you for your time and suggestion.

To your last point
"In that case, it is advisable to wait and get the H4 approved. Otherwise, if she leaves, her H4 will be denied and her stay past the last I-94 expiry date will be treated as illegal stay"

Will this have any future impact on H4 B stamping in India or Port of Entry here?

Thanks