visa status change

[krishiraj]

Hi,
I came to USA in month of August with L2 visa and was working with a valid EAD. My husband was on L1 and on 1st October he got his visa changed from L1 to H1, so my status got changed from L2 to H4 and I am no longer working.
My husband is having his petition papers from his new company, but his new company forgot to file my H4 visa, which they filed it now and I believe it should take atleast 90 days, Can I travel to India, and stay there for couple of months, get my visa stamped and come back? Please Help.
Thanks.

[Subramanya]

Visa Status

I came to USA in month of August with L2 visa and was working with a valid EAD. My husband was on L1 and on 1st October he got his visa changed from L1 to H1, so my status got changed from L2 to H4 and I am no longer working.
My husband is having his petition papers from his new company, but his new company forgot to file my H4 visa, which they filed it now and I believe it should take atleast 90 days, Can I travel to India, and stay there for couple of months, get my visa stamped and come back? Please Help.

---- If your H4 is already filed (after a delayed period as per the post) it may not be advisable to travel outside the country. You should try and avoid the journey till the H4 is cleared without questioning. In the event there is a question while you are outside the country if may be difficult for you to respond

Alternately, you can always go to India, take an appointment in any of the US Consulates in India get your Visa issued and return to the US. Again if there is any questioning in India, you may not be able to make your journey to US unless all the issues are cleared

Understand the situation, consult an attorney and make an informed decision

Subramanya