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Immigration Law

I applied change of status from H1 which is under process.

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I applied for H4 change...
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: 2 years ago.Category: Immigration Law
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11/13/2015
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,279
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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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.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,279
29,279 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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