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Immigration Issues/Travelling with COS pending

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Question
QUESTION: Hi i am on a valid h4 and applied for f1 on oct 16.I still havnt received any approval from them.Meanwhile i have to travel to india. How can i do that and will it have a bad effect on my application if i apply again from india?Or do u think its wise to stay back to avoid complications or is it a common scenario and will not effect.
Please advice

ANSWER: Hi,

If you travel outside the U.S. while an application to change status is pending with the USCIS, the pending application will be denied.

If you do travel, you can apply for an F1 visa stamp at a U.S. Consulate in your home country. The Consulate can directly issue an F1 visa stamp even without a USCIS approval granting change of status.

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QUESTION: SO i can travel to india,my home country and get it done there? Should i inform the Uscis about widrawl or just travel and it will be automatic. Uscis has taken my service request as it is more than 2.5 months and still waiting."

ANSWER: Hi,

You can obtain the F1 visa stamp at a U.S. Consulate in your home country. There is no requirement to withdraw the pending application to change to F1 status with the USCIS.

The Consulate, prior to issuing you F1 visa stamp, will check to see if your spouse is maintaining H1B status, and that you were maintaining H4 status. Hopefully your I-94 has not expired; if it has, you can show the Consulate the receipt notice issued by the USCIS that the change of status application was filed no later than expiration of your I-94.

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QUESTION: Hi Ajay
I received a mail from uscis is to submit more documents and till then case will be in suspense.the documents  have not been specified.I wanted to check  that hope no problem if I go to India and apply from there.secondly if I don't get f1 for any reason I hope I can come back on h4 to the US.
Thanks
Aparna

Answer
Hi,

Within about a week or two of online status indicating that additional documents have been requested, you or your attorney should receive the RFE (request for evidence) from the USCIS by regular mail. This letter from the USCIS will specify the additional information or documents requested to allow for making a final decision on the COS application.

There is no problem in departing the U.S. If you do not receive F1 visa stamp, you should still be able to enter the U.S. on unexpired H4 visa stamp.

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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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