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  #1  
Old 09-17-2007, 07:07 PM
elfreda80 elfreda80 is offline
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Default Premium processing of COS

Hi,

This is the situation I am in.

1) I came into the country on L1 visa and my husband was already here on H1. I got my H1 approved for Oct 07 and subsequently quit my company in May of this year.

2) I applied for COS to H4 in July this year. But I have not received the approval notice yet.

3) In the meantime I submitted my 485 along with my husband in Aug when EB2 became current. But we have not received the AP or EAD.

Now I need to travel to India in Nov. Is it advisable to travel on H4 status? I have not got a job yet, so there are no paystubs for me to get my H1B stamped. Since H4 approval notice is not in yet, can I get it premium processed?

Pls help

Elfreda
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  #2  
Old 09-17-2007, 08:00 PM
bc_rp bc_rp is offline
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Default NO Premium Processing for H4

There is no premium processing for H4 .
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  #3  
Old 09-17-2007, 11:46 PM
kaisersose kaisersose is offline
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Originally Posted by elfreda80 View Post
Hi,

This is the situation I am in.

1) I came into the country on L1 visa and my husband was already here on H1. I got my H1 approved for Oct 07 and subsequently quit my company in May of this year.

2) I applied for COS to H4 in July this year. But I have not received the approval notice yet.

3) In the meantime I submitted my 485 along with my husband in Aug when EB2 became current. But we have not received the AP or EAD.

Now I need to travel to India in Nov. Is it advisable to travel on H4 status? I have not got a job yet, so there are no paystubs for me to get my H1B stamped. Since H4 approval notice is not in yet, can I get it premium processed?

Pls help

Elfreda

Until your H-4 COS is approved, you are not in H-4 status. If you are traveling to India, then your problem is solved. Take your husband's H-1 approval notice with you and get a H-4 visa stamped on your passport. Forget the COS you applied here.

A simple solution to this situation.
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  #4  
Old 09-17-2007, 11:53 PM
ajju ajju is offline
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Default If you travel to India.. no need of H4...

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Originally Posted by bc_rp View Post
There is no premium processing for H4 .
Just go to any embassy with evidence of marriage and your spouse's H1 papers.. You'll get H4 stamped.. Ofcourse you'll need to go thru the process of scheduling appointment :-)
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  #5  
Old 09-18-2007, 12:00 PM
elfreda80 elfreda80 is offline
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Default

Thanks for the replies. But my doubt is - if I do travel to India and get H4 stamped before waiting for COS to come through, will that be considered as an abandonment of my 485, since I would be leaving the country without any legal status/visa.
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  #6  
Old 09-18-2007, 12:06 PM
kaisersose kaisersose is offline
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Originally Posted by elfreda80 View Post
Thanks for the replies. But my doubt is - if I do travel to India and get H4 stamped before waiting for COS to come through, will that be considered as an abandonment of my 485, since I would be leaving the country without any legal status/visa.
No. Because a person is in/out of status only when he/she is inside the US. There is no status when the person is not in the US.
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  #7  
Old 09-18-2007, 02:36 PM
elfreda80 elfreda80 is offline
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I read this in one of the places.

The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required) and the original copy of the I-797 receipt notice for the application for adjustment of status.

So since i am NOT in a legal h or l status and i leave the country, will that not mean that abandonment?
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  #8  
Old 09-18-2007, 06:45 PM
ArunAntonio ArunAntonio is offline
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