Travel to India while COS from H1B to H4 is in process

[ConfusedIndian]

Hi
I entered US through H4 Visa in April 2014.My H1B got approved on 22nd October 2015.Due to certain reasons,I filed for Change of Status from H1B to H4 in April 2016.Can I travel to the India while COS is still in Process??Would there be any risk in getting back to USA in a month??

Thanks in advance for all the useful replies.

[raghvi]

Hi
I entered US through H4 Visa in April 2014.My H1B got approved on 22nd October 2015.Due to certain reasons,I filed for Change of Status from H1B to H4 in April 2016.Can I travel to the India while COS is still in Process??Would there be any risk in getting back to USA in a month??

Thanks in advance for all the useful replies.

Typically a COS is considered abandoned if one travels outside US while it is pending. Are you still working with the H1 employer?

This is my opinion not legal advice.

[ConfusedIndian]

Typically a COS is considered abandoned if one travels outside US while it is pending. Are you still working with the H1 employer?

This is my opinion not legal advice.

Hi Raghvi
Thanks for the prompt reply.No I'm not working since 1st April 2016

[raghvi]

Hi Raghvi
Thanks for the prompt reply.No I'm not working since 1st April 2016

Are you planning to get yourself fresh H4 visa before re entering US? Till when is your H4 visa in the passport valid?

[ConfusedIndian]

Are you planning to get yourself fresh H4 visa before re-entering the US? Till when is your H4 visa in the passport valid?

My H4 Visa is valid till Sep 2018 but it was valid till Oct 2014 in my Passport (I didn't travel to India since Apr 2014).

[raghvi]

My H4 Visa is valid till Sep 2018 but it was valid till Oct 2014 in my Passport (I didn't travel to India since Apr 2014).

In order to be allowed entry into US in H4 status, one needas valid visa in passport. So it seems you do need to get yourself a fresh visa.

This is my opinion not legal advice.