QUESTION
Can my wife travel outside the US while waiting for H4 change of status approval?
Asked on Dec 30th, 2013 on Immigration - Texas
More details to this question:
Can my wife wait outside the US for her change of status (F2 to H4) to be approved? I already have my H1b status approved.
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
She can just go to the consulate and apply for H-4 visa and then enter in that status.
Answered on Jan 03rd, 2014 at 10:37 AM
Bruce A. Coane
If a person applies in the USA to change status, and then they leave the USA while the application is still pending, they are deemed to have abandoned the application. Of course, a person can leave and simply apply for the H-4 status at a USA Consulate.
Answered on Jan 02nd, 2014 at 3:34 PM
No, if she leaves the U.S. while the change of status is pending, it will be considered abandoned since there will no longer be a status to change. However, she could apply for an H-4 visa at the consulate in her home country if you are already maintaining H-1B status.
Answered on Jan 02nd, 2014 at 3:31 PM