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Can my dependent travel out of USA while L2 to H4 conversion is in progress?

Washington, DC |

Hello, I have a situation. I am currently on L1 (till Feb2014) and applied for H1 COS this year. Still awaiting for COS status. My spouse needs to go to India and come back next year after month of March,2014.
A) Will it affect H4 petition & H1 petition COS which is still in progress?
B) Will H4 get I-94 also with its petition if H1 and H4 is approved?
C) If no issues with A & B, H4 dependent just need to go to visa stamping at that time, right?

Attorney Answers 3


  1. Best answer

    1. Her application to change status to H-4 will be deemed abandoned if she leaves before the approval. Should not have any effect on the H-1B petition though.
    2. Since it's a COS application, yes if approved.
    3. Lots of problems will be resolved if she gets her H-4 visa.

    Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.


  2. To come back on H4 she will need to have a valid visa in her passport.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Your spouse will need to file for an H-4 visa at the US Consul in India ... currently .. for whatever reason ... these applications are getting 'tied up' in administrative processing. Does your spouse really 'need' to go to India? If so, then take your chances with eyes-wide-open.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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