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Travelling to India while COS from H1B to H4

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  • Travelling to India while COS from H1B to H4

    Hello,
    My husband is quitting his job in December 1st week and will be moving to my dependent H4 visa. We also have unavoidable plans to travel to India in January 1st week.

    Option 1 - we apply for COS effective Dec 1st week and we travel to India in Jan 1st week.
    a. How long will the H4 COS processing take? Will the approval come by 1st week of January?
    b. If approval of H4 doesnt come and we travel to India, is his COS application abandoned? Will he have to re-apply the H4 visa from scratch again in India? How long will this process take?
    c. While his H4 approval is in process and he is in India, can he travel to the US on B1/B2 visa?

    Option 2 - is to apply for H4 after he moves to India. For this, he can travel to India on the next day of quitting his job. And apply for H4 visa from India.
    a. How long does he have after his last pay day to leave the US?
    a. This will be a fresh H4 application in India rather than COS, right? How long will the application and approval process take in this case?

    If we go ahead with Option 1, do we run into any legal issues regarding his status in the US? He is planning to get an EAD on H4 a few months down the line as soon as I get my I-140. Will all of this process have any impact on his EAD whatsoever?

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