traveling on H1 while being in the process of transition from H1 to H4 (urgent)

U

user98765

New Member
Dear Group,

I have an urgent question regarding traveling outside the US after applying for an H1->H4 status change.

My question is if I'll be possibly denied the entry to the US on the grounds that I'm no longer in H1 status? My husband is in the US
and is in H1 status.

Related question: If I apply for an H1->H4 status change and supply a termination letter, is my H1 visa immidiately revoked?
And what is my status in this case? I lost H1 and was not granted H4 yet?

Another question:
In October 2002 I requested leave of absence
for half a year due to a family reasons and was granted it.
I didn't recieve salary between October 2002 - March 2003. My and the company's intention was that I'm returning to work in April. But in April, due to a difficult financial situation in the company I was layed off and I have a termination letter from March 2003.

How INS will view this period of leave of absence? As continuing
employment or as de facto termination. And what am I supposed
to do about this? When requested for an additional evidence from INS, I supplied my last paystubs from October 2002, my leave of absence letter from Octover 2002 and my termination letter from March 2003. I filed for a status change in March 2003.

Question: what are odds that I'll be granted H4 or I'll be considered out of status?

Thanks a lot to anyone who can help!

sv
 
It is not advisable to travel while a change of status application is pending. BCIS may consider the COS application abandoned if you leave US. If you have no valid status, then you will be denied entry. It will be the case if you got laid off, applied for H4 status and left US before H4 is approved.
Your H1 status ends the last day of your employment regarless og what documentation you supply. You will be considered out of status from the very next day unless an application of COS or EOS (H1 transfer) is pending with BCIS. If you travel with COS pending, it will be considered abandoned and you will be in trouble.
You don't need paystubs for H1-H4 COS, they are required only for H1-H1.
 
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