Change of status last action rule

senthil_usa

Registered Users (C)
Hello All,

I came to US in April 2011 in L2 visa and applied for EAD. I started looking for jobs after EAD and I got an offer in mid November, the start date of job was given as 12/1/2011. The employer applied for H1B visa (premium processing) in the third week of November. I had to go to India around the same time (third week of Nov) to address an urgent issue . I reentered US on L2 visa on 11/30/2011 and my H1B petition as well as the change of status (CoS) got approved on 12/15/2011. I was given a I94 in the port of entry and an I94 was sent along with my H1 petition approval. I still don't have visa stamping. I have plans to go to India in May 2013.

All Relevant Dates from my I797 notice:

Petition Receipt Date: 11/21/2011
Notice Date: 12/15/2011
I94 start date: 12/14/2011
I94 end date: 11/29/2014

Date of leaving US: 11/21/2011
Date of reentering US: 11/29/2011

Also my wife's H4 was applied in late August and approved in late September.

Here are my questions:
When I left US while CoS is pending, has it become abandoned automatically even if it is approved later?
If yes, am I currently out of status, because the change of status is abandoned?
When I go for stamping in India, will there be any issue because of this?

Thanks,
 
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