Issues on COS

[rrajendr]

Hi
I have some questions on COS which is generic (ie irrespective of H1->H4, H4->H1 etc)

I heard that with "International travel while a change of status petition is pending is abandonment of the Change of Status portion of the application". Now what does this ABANDONMENT mean?
a)Does abandonment mean in case of H4->H1 COS application "HIB IS APPROVED but with NO I-94 attached with it and hence to get valid status you will be have to go to the consulate for interview and get a valid I-94 along the way".
b)Also incase of abandonment of COS from H4->H1 what will her status be if she is in India on valid H4 till now (ie valid I-94 and valid H4 stamp) and if she is back in US on a valid H4 till now (ie valid I-94 and valid H4 stamp)
c)Does the a),b) hold true in case of H1->H4 COS as well (ie reverse case)?

 

[ginnu]

Hi
I have some questions on COS which is generic (ie irrespective of H1->H4, H4->H1 etc)

I heard that with "International travel while a change of status petition is pending is abandonment of the Change of Status portion of the application". Now what does this ABANDONMENT mean?

-------------http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

a)Does abandonment mean in case of H4->H1 COS application "HIB IS APPROVED but with NO I-94 attached with it and hence to get valid status you will be have to go to the consulate for interview and get a valid I-94 along the way".

------ COS abandonment mean that you abondon the COS if you go out of USA
b)Also incase of abandonment of COS from H4->H1 what will her status be if she is in India on valid H4 till now (ie valid I-94 and valid H4 stamp) and if she is back in US on a valid H4 till now (ie valid I-94 and valid H4 stamp)

----- How she can have Valid I-94 with her if she is out of US? I-94 is given to airline counter before you depart the US. if you have valid H4 visa in passport and your spouse is on H1 status you can enter US on H4 and status will be H4
c)Does the a),b) hold true in case of H1->H4 COS as well (ie reverse case)?
-- one abondon COS it can be from H1 to H4 or H1 to H4 to H1, B1 to H1, P1 to H1 H1 to P1, H1 to O1 any CHANGE OF STATUS filed with USCIS

 

[rrajendr]

HI Ginnu
Thanks for the reply. Please look below for my replies in *** ------*****

Hi
I have some questions on COS which is generic (ie irrespective of H1->H4, H4->H1 etc)

I heard that with "International travel while a change of status petition is pending is abandonment of the Change of Status portion of the application". Now what does this ABANDONMENT mean?

-------------http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
*** I read through the above article and it is very misleading, at the top it says that it has been ADBANDONED and if service center is aware of the travel it SHOULD BE DENIED . However in the bottom when the H4 person enters the US before H1B COS is approved, the service center(ie Linda Dodd-Major's reply to Michele Buchanan) is OK with it and doesn't say it has been abandoned.
I researched further in other sites and it says if travel is done during H1B COS pending , H1B may be approved but continengent on gettting the H1B visa stamp done at US consulate before starting to work on a H1B status. For your references I attach my referred research URL's.
http://oisshome.wustl.edu/immigration/h1b/TravelGuidelines.html
http://www.immigrationportal.com/showthread.php?t=152344&highlight=h1b+pending+travel
Can you please let me know if this inference is right? *************