I have applied for I-539 COS ( L1A to H4) based on my spouse H1. My I-94 expired on 8/15/2014 and my I-539 COS application was accepted by USCIS Vermont on 8/4/2014. The case is still pending as of 11/25/2014.
Now due to a personal emergency my spouse is travelling to India ( my I-539 COS is depending on her H1 visa petition) for 3 weeks.
1) If I travel with my wife, what will happen to my I-539? Will I be able to go for H4 stamping in India and come back without any issues?
2) Can I continue to stay in US when my wife is outside US? As I have submitted my wife's I-94 and when she goes out of country that will become invalidated and not sure how USCIS will do with my case if her I-94 says she is out of US
1. Your COS application will be deemed abandoned.
2. Yes, as long as she only leaves for a BRIEF trip.
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.
Your I-539 will be deemed abandoned if you leave the U.S. while the application is pending. However, you can apply for an H-4 visa from the U.S. Consulate, based on your wife's H-1B status. You should however, bring a copy of the I-539 receipt notice to demonstrate timely filing.
Yes, you can stay in the U.S. while your wife is outside the U.S., as long as her trip abroad is temporary, and your I-539 will continue to be processed.
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