H4 petition still not approved and need to travel

[pyrimidine]

Hello to everyone,

I was on F2 dependent visa till October 1, 2007. On October 1, 2007 my spouse's H1 status has started. I applied for my change of status to H4 in June 2007. Few days back, I have received a letter from USCIS that my petition for H4 required further evidence and I submitted further documents as per the requirement. Now I need to travel to my mother country due to some emergency. My question:

Can I travel out of US while my application is still under investigation?? Can I file for a new H4 petition from my mother country (India) even though I have already file for H4 here in US? Are there any chances of rejection for H4 visa?

thank you in advance.

[pyrimidine]

Hello friends,

any input please, this is an emergency situation for me.

any input from GreatGuru, srinni or any other active members of this forum?????

[waitin_toolong]

you can travel and apply at the consulate for H4. in any case you would have had to do that beacuse to reenter you would have needed H4 stamp. Just take the appointment based on your husband's H1 approval and take the paperwork for the current application with you.

[pyrimidine]

Hello,

Thank you for your reply. I know that in any case I need to make visa appointment. But my question is whether is it more advisable to wait for USCIS approval for H4 here in US and take that approval letter at the time of visa appointment. Because if I receive the approval letter (I don't see any reasons for rejection as this is change of status from F2 to H4) here in US, consulate office may not ask anything from me when I go to stamp my passport for H4.

If I go directly to the US consulate in India without any approval letter from USCIS, they might ask me for more evidence and might reject my H4.

what do you think?

[waitin_toolong]

there is no difference as long as your husabnd has H1 approval papers.

[pyrimidine]

thank you very much for your replies.

[rnapii]

I think you can apply from US consulate in India. should not be a problem.