Leaving US while application is pending...

Y

YukonNew

Registered Users (C)
Hi again,

I am in the US on H4 and will apply for TN soon by mail. However, I'll probably have to go to Europe while the application is pending.

1. Is this going to be a problem?

2. I know I could apply for TN at the border when I come back, but I wouldn't like to take the risk of a denial and be deported to Europe... I read that if my TN is denied, I cannot claim H4 the same day.

Thanks a lot for your help :o
 
1. as long as your H4 is valid during the entire time you are out the US, your TN applicaiton will remain pending. If your H4 expires and then you leave the US with a pending TN application, the TN is considered abandoned.
2.If your TN application at the border is denied, and you have a valid H4, you can simply enter on your H4 at that very instant.
 
gunt said:
1. as long as your H4 is valid during the entire time you are out the US, your TN applicaiton will remain pending. If your H4 expires and then you leave the US with a pending TN application, the TN is considered abandoned.
Click to expand...

Her H4 status and its expiration are utterly irrelevant. Additionally, there is nothing that he or she can do to "abandon" the TN petition, since it is the employer's petition!

What will happen is that immediately upon leaving the US, the Change of Status portion of the I-129 will be considered abandoned, and once the petition is approved the beneficiary will need to leave the US and re-enter using the new TN.

2.If your TN application at the border is denied, and you have a valid H4, you can simply enter on your H4 at that very instant.
Click to expand...

Exactly. I'd get a new TN at the border.
 
Leaving US while H4 pending

I recently changed my status from L1A to H1 this year and I applied for L2 to H4 for my wife also.They asked for evidence of document for my case and by default my wife case also changed to asked for evidence. But they had sent letter only to me asking to submit the document.So I thought that when i sent the document for my case, they will change the status of her. I submitted my document and i got my H1 approved. But her status is still asking for evidence. I contacted USCIS and they said they will send the letter for her. But its been more than 4 months, i didn't get any response. When I contacted one attorney they said, since I have applied for H4 status myself, they couldn't do anything.
I asked whether I can refile, they said no, because if I refile now, her status is already out of status. They didn't tell me a clear answer what to do next.

I sent a detailed letter to USCIS texas with all the details.But no response. What is the other alternative options in this case.

If my wife go back to india, and apply for H4 stamping, does it get rejected, because her status indicates, asked for evidence?

Looking for your valuable answers.
 
Because ONE attorney told you they can’t help it doesn’t mean no attorney can help. What this attorney probably meant is (s)he isn’t interested or it’s not worth their time.
 
You must log in or register to reply here.
Top