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  #1  
Old 07-13-2015, 12:17 PM
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Default H4 Delays

My wife was applied for COS to H4 from H1B in December 2014 using I539 paper application. Plan was to get EAD to have flexibility.
After 6 months she asked for case status and they gave her SR number.
Using SR number we went to Dallas USCIS office infopass but they said they can only see the case being processed.
She wants to apply for EAD (I have 140 approved) but this delay is causing lot of problem.
USCIS asked not to apply for EAD until H4 is adjudicated.
It is not immediate need to go to India but she may have to attend a wedding.


Is anyone else facing same issue with converting to H4?

Can she abandon the case and go to India and get H4?
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  #2  
Old 07-13-2015, 01:15 PM
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Originally Posted by StuckInTexas View Post
My wife was applied for COS to H4 from H1B in December 2014 using I539 paper application. Plan was to get EAD to have flexibility.
After 6 months she asked for case status and they gave her SR number.
Using SR number we went to Dallas USCIS office infopass but they said they can only see the case being processed.
She wants to apply for EAD (I have 140 approved) but this delay is causing lot of problem.
USCIS asked not to apply for EAD until H4 is adjudicated.
It is not immediate need to go to India but she may have to attend a wedding.


Is anyone else facing same issue with converting to H4?

Can she abandon the case and go to India and get H4?
FWIW, A couple of years ago, we applied for a COS from H1 to H4 for my wife. We left to India within a few days which can be considered abandoning the COS. Three months later we got an approval for COS and also she went for H4 stamping which had no issues. Though I am not sure of the actual rule, I think you can go to India and go for H4 stamping irrespective of the pending COS.
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  #3  
Old 07-13-2015, 04:58 PM
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We also abandoned H4 to F1 visa COS. No issues stamping F1 in India.
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  #4  
Old 07-13-2015, 05:44 PM
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We also abandoned H4 to F1 visa COS. No issues stamping F1 in India.
Thanks for the help guys.

If we do not hear from them we will abandon and reapply in India. If they ask why we abandon - it is the ridiculous delay.
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