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H4 I539 in process - need to travel to India

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  • H4 I539 in process - need to travel to India

    Hi

    I have applied for my H4 application in nov 2nd week at vermont center as a dependent on my husband's h1.

    I am on my f1 visa right now, I have completed my studies and my H4 is still in processing.

    I wanted to visit India in Feb 2nd week, is it possible to visit india before my h4 approval notice arrives?

    what if I received the approval notice after I left for India?

    Please help..

    parkhi.

  • #2
    Usually it is not advisable to travel when the petition is pending with USCIS. If you leave the country, then the COS might get denied and your stay in U.S past the F1 status end will be treated as out of status and it can sometimes cause issues.

    If you leave, then you will need a valid H4 visa and your spouse's H1B petition to return back. You will get a new I-94 for H4 until the H1B petition expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Can I travel to India now? and get my H4 visa stamp before returning back?

      As my husband will be travelling with me and he has his H1 for next two years, can I go to us consulate with that doc. ? or do I need anything else?

      Lahar

      Comment


      • #4
        Yes, you can get the H4 visa stamped based on your husband's H1B approval notice. Check the list of required documents for stamping here.
        https://www.immihelp.com/h4-visa-stamping-documents/


        Originally posted by able21 View Post
        Can I travel to India now? and get my H4 visa stamp before returning back?

        As my husband will be travelling with me and he has his H1 for next two years, can I go to us consulate with that doc. ? or do I need anything else?

        Lahar
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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