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Traveling Abroad On H4 While Aos Is Pending?

Discussion in 'Filing for AOS with an approved I-140' started by UKmaryland, Jun 17, 2016.

  1. UKmaryland

    UKmaryland New Member

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    I am on H1B visa and my husband is on H4. He doesn't live in the US, works outside of the country, and travels on H4. Our visas are valid till March 2018. My company is going to file an immigration petition under EB1b. We would like to do concurrent filing of I-140 and I-485 with premium processing. The plan is for my husband to come to the US when my company is ready to file. I am assuming that within two weeks after USCIS receives our application we will know the decision. Let's say I-140 gets approved.
    1. Should he be in the US at the time of I-140 approval since we are thinking of concurrent filing?
    I am getting conflicting responses on whether its advisable to travel outside of the US while I-485 is pending.
    2. While our I-485/AOS is pending can my husband travel outside of the US since our visas are valid till March 2018? Or does H1 vis required validation in order to enter back into the US.
    3. Or should he not leave the US until we get travel documents?
    4. Does the rule of last action apply here? After filing for AOS does does H1/H4 visa still remain valid?


    I don't have any urgency to travel. However since my husband is employed outside of the US he may not be able to stay here till our AOS is adjucated. The processing times are in months. Its not going to be easy to get excused from work for so long.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    H1Bs and H4s may travel while their adjustment of status applications are pending. There is a specific regulation that permits this.
     
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  3. UKmaryland

    UKmaryland New Member

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    Thank you very much for your quick response.
     
  4. UKmaryland

    UKmaryland New Member

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    I was wondering if this regulation can be found on USCIS website. If H1B/H4 visa holders travel while AOS is pending does one need to do any sort of visa revalidation?
     
  5. UKmaryland

    UKmaryland New Member

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    If the AOS for H1B visa holder is approved while H4 visa holder is abroad does that mean H4 no longer remains valid and the AOS application for H4 is voided?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Look in 8 CFR 245.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Most likely it will not be a problem, but if you have an advance parole card, bring it when you travel.
     
  8. UKmaryland

    UKmaryland New Member

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  9. megha

    megha New Member

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    Dear Ron,

    Hope you are doing great!

    I have some queries regarding my visa status. My H-4 visa on passport is till August 30 2016. I applied for change of visa status from H-4 to F-1 on may 18th 2016 with starting date of admission on June 24th 2016 semester beginning date.

    And in the mean time my husband changed his job on 6th June 2016. And his company has not filled for my H-4 visa extension.
    So now my question is as my visa was for previous his company is my visa still valid?

    Secondly, I wanted to change the semester starting date to October but university ISO says my h-4 visa expiry date should be with in few days of my semester starting date. So if my visa expires on august 30 can I delay my semester starting date from June 24th to October ?

    Do I still need to file H4 extension from his new company, while my COS application is already pending with USCIS?
    I would really appreciate your opinion in this matter.

    With regards,
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your visa is still valid, but your H4 status will only be valid until the expiration date on your I-94 - unless the USCIS changes your status to F1. Your visa expiration has nothing to do with your permission to stay. That is controlled by your I-94.
     
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  11. megha

    megha New Member

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    Thank you James,

    I really appreciate you shared information, your advice is really helpful for me.
    So now as my status is pending can I delay the semester starting date to October ?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It's up to you. You may attend as an H4, if you wish, or wait until your COS to F1 is approved.
     
  13. megha

    megha New Member

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    But the University ISO told me that my college starting date on i-20 should be with in 30 days of my H-4 visa expiry date which is 30th August. So As my visa expires on 30th August Do I need to start college with in 30 days ? or Can I delay further untill my COS is approved ?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think you are confusing "visa" with "status." A visa is a document embossed on a page in your passport. Status is what you are given at the port of entry, as shown on your I-94. If you mean that your H4 status is expiring at the end of August, I don't see a problem with you waiting until your COS is approved before starting school. You may also start school before it is approved.
     
  15. megha

    megha New Member

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    Yes I wanted to do the same -wait until my status gets approved. But I don't know why university is asking to start college from August Session i-e with in 30 days of my H-4 status expiry date - 30th august
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't either.
     

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