My spouse is currently in USA and she is on H4 visa.
If some company file H1-B on her behalf with change of status from H4 to H1-B and she travel out of country in June and come back in July (On H4 visa), what will happen to change of status.
I suppose change of status will be invalid and we have to file again for change of status ?
When her H1-B is approved, I-94 will not be attached with new petition ?
COS will be considered abandoned and denied.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
If you leave the U.S. after filing for a change of status, your request to change status is abandoned. Your request for the visa itself is not abandoned.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
That COS will be considered "abandoned" and denied as such.
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