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Change of status to H4 and processing time for approval??

Palo Alto, CA |
Filed under: US visas

My OPT expired on 06/24/2013. I am planning to apply for COS to H4 before end of the June. Would to be advisable if I plan to travel at India in Mid October'2013 assuming I would get H4 approval notice before October. (Normal Processing time 2.5 months)

Just curious to know. If I travel for urgent situation while my COS is pending. Is this considered as a illegal?

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Attorney answers 3

Posted

I suggest that you travel home sooner ... within your grace period .... it will be a waste of money to file a COS now ... you'll be getting on a plane to India before they make a decision.

Don't trust the ESTIMATE of 2.5 months.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- 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.

Asker

Posted

Thanks Mr. Capriotti for your valuable suggestion. If I plan to travel withing grace period, should it be before 23 Aug 2013, since my OPT ended on 24 Jun 2013??

F. J. Capriotti III

F. J. Capriotti III

Posted

Although I don't have a calendar handy ... those dates appear to be more than 60 days apart. Try not to push it too close to the 60 day maximum.

Posted

I agree with Mr. Capriotti.

This is general information, not legal advice, and does not create an attorney client relationship.

Posted

I agree with the Profesore.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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