H4 STAMPING AT A CONSULATE - WHEN A COS PETITION WITH USCIS IS PENDING.

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H4 STAMPING AT A CONSULATE - WHEN A COS PETITION WITH USCIS IS PENDING.

Anonymous May 5, 2017 Business 8 views 3 answers

I have applied for a Change of Status (I-539) from H1 to H4 in Jan 2017. The petition is still pending with USCIS. I am not sure why it is taking so long (but that is not my question here!). I urgently need to travel to India for family reason (terminally ill parent). Can you please provide me with information on how to get a H4 stamping at a consulate in India in this scenario? Do I need to withdraw my current petition from USCIS and then go for a stamping at a consulate in India or I can keep the petition alive with USCIS and still go for a stamping. Any information on this situation will be really helpful. Thank you.

F Capriotti 2793192.Html · Accepted Answer · 2026-06-15T18:00:48+00:00

Four months is not a long time for a COS to H-4. Let's start with you giving us some information .. are you still working on your H-1B? Click on any attorney's name to learn about the Consular Stamping process ... with will take MONTHS to process, depending on whether or not your spouse is working for a job shop that sends workers to client worksites for 'projects'. You will abandon your COS papers if you leave the US. It is more 'clean' if you let CIS know about this .. assuming that you've continued to work on the H-1B.

Joanne Fakhre · Accepted Answer · 2026-06-15T18:00:48+00:00

If you leave the COS is abandoned. That has to be adjudicated here. You can get the H4 done at consulate but with the wait times there it may be best to do the online visa applications and schedule an appointment before leaving. The instructions should be on the consulates website

Pascal Schunk · Accepted Answer · 2026-06-15T18:00:48+00:00

Pascal Schunk

Pascal Schunk · Jun 15, 2026

The COS is abandoned once you leave the US. Contact a US immigration attorney before leaving.

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H4 STAMPING AT A CONSULATE - WHEN A COS PETITION WITH USCIS IS PENDING.

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