F1 to H4 change of status, long processing time

[ilopez]

We recently filed a I-539 form to change my wife's status from F1 to H4, a couple of weeks before her OPT expired. We received the receipt notice and it looks like it will take 5-6 months to process at the Nebraska center.

My wife needs to travel now to her home country. Can she travel and apply for the H4 at the US consulate over there? Do we need to cancel the I-539 (not sure if this can be done) before applying at the consulate?

Any recommendations? Thank you.

 

[saigc]

We recently filed a I-539 form to change my wife's status from F1 to H4, a couple of weeks before her OPT expired. We received the receipt notice and it looks like it will take 5-6 months to process at the Nebraska center.

My wife needs to travel now to her home country. Can she travel and apply for the H4 at the US consulate over there? Do we need to cancel the I-539 (not sure if this can be done) before applying at the consulate?

Any recommendations? Thank you.

yes she can travel. have a copy of reciept notice with you and your wife always.

in case you have any trouble exiting then show the receipt notice and convey them that you need to trave due to some circumstances.

she can apply for h4 at the counsulate abroad based on your valid h1 and enter on h4.

pending or cancelling i-539 may not affect the visa stampling abroad.