Hi,My question is regarding the documents that accompany COS application. One of the documents is I 94 itself. One of USCIS form M 752 asks for sending the original I 94. However I plan to leave USA with in 35-40 days of filing my COS application and would need to present I 94 at the point of departure. So wanted to know if I need to send an original I 94 as the form says or is it outdated. If you have information kindly let me know.Another question is regarding abandoning the COS application before it is decided upon. Do I need to call USCIS and request withdrawal of the application or do I abandon by just flying out of country.One detail of my case is that I am currently on H1B but will leave voluntarily by end of next week and plan to file COS before that.I look forward to your inputs and would much appreciate it.Thanks
State/Country relating to question: United States
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If you leave the U.S. while the COS is pending, you abandon that COS. So if you file the COS, you have to stay in the U.S. until that is approved. If you leave without an approval, you abandon it. Once you have the approval, you can leave and get a stamp at the U.S. Embassy or Consulate in regards XXXXX XXXXX status that was approved. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. I am not paid a salary. Clicking accept is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
Thanks for answering my question. There is one more question I had in my initial listing and that is that do I have to file the original I 94 with the COS application or a copy is good.
The other follow up question I have based on your answer is what is the implication of abandoning the COS application. While the COS is pending approval and I leave, my stay here will still be legal. Could you kindly confirm.
You are supposed to send the original.
Yes, your stay would be legal while the COS is pending. You should at least carry with you a copy of your I-94, turn in the copy if you leave and keep safe any evidence you have as to when you left the U.S.
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