Can I trave outside of the US while my I-539 for H-1B to H-4 pending? 2 Answers as of April 04, 2011

Can I travel to my home country while my I-539 COS from H-1B to H-4 is pending? I will anyhow have to apply for H-4 and get it stamped at my home American Consulate right? Are there any legal ramifications to this?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, if your I-94 has not expired and you obtain advance parole from USCIS.
Answer Applies to: Virginia
Replied: 4/4/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Well, you can leave the US but your application to change status will be abandoned. In that instance, you would follow instructions on your US consular website to make the visa appointment and to request an H4 visa instead.
Answer Applies to: California
Replied: 4/4/2011
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