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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I applied change of status from H1 which is under process.

Customer Question

I applied for H4 change of status from H1 which is under process. And now I am planning to visit my home country in a week and come back with H4 stamping. So can I visit my home country when change of status is under process and get H4 stamping done or
else I will have any issues when I attend H4 visa interview? And also I applied for H4 EAD simultaneously with H1 to H4, does this get any effect if I visit my home country and get H4 stamping?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

So can I visit my home country when change of status is under process and get H4 stamping done or else I will have any issues when I attend H4 visa interview?

No you can aban***** *****ge of status by departing the US. USCIS will see your departure in the electronic file that is created when you depart and will deny the COS based on abandonment.

And also I applied for H4 EAD simultaneously with H1 to H4, does this get any effect if I visit my home country and get H4 stamping?

Yes, your H4 EAD application would also be considered abandoned when you depart because it is tied to the COS.

You will need to file a new EAD I-765 upon your return.

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Judith

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