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Immigration Issues/Travel while change of status app. pending

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Question
Hi Ajay,

I am filling my spouse's change of status application from H4 to F1. I remember the last time I had filled the application for change of status from B1/B2 to H4 it took 5 months. My wife is currently in US on a valid H4 visa. If I file her change of status application would she be able to travel back to US on the valid H4 visa during the time the application is still pending?

Answer
Hi,

If your wife travels while her change of status application is pending, it will be denied by the USCIS. Thus, although she can enter on unexpired H4 visa stamp, assuming that you are maintaining your H1B status, the pending application to change status to F1 will be denied on the basis of her travel.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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