Pending COS need to leave US
Posted Thu, 02/02/2012 - 09:05 by rakeskumar
My wife got her F1 with COS from H4 in sept 2009,she started school in sept 2009.In Aug 2010 she decided to discontinue her school and apply COS ( F1 -> H4 ),till date COS application is pending.
we need visit India in March 2011, can she reenter with her previous H-4 stamping?
Comments
This is a tricky case with a
This is a tricky case with a lot of complicated issues that have huge risks so I'm not going to be able to give you a concrete answer to this question in this forum. However, I can tell you that if she departs prior to the adjudication of her COS case it may be considered abandoned and it could result in the cancellation of her current visa if she is out of status when she departs which she likely is since she discontinued school in August 2010.
The simple solution to this is to just stay in the U.S. pending adjudication of the COS petition. If this is not possible and you need to consider alternative options you should consult with an immigration attorney.