travel outside of United States while Status Change is in process

Following are the responses from an Immigration Lawyer for questions related to 'Traveling outside of United States while Status Change (from H4 to F1) is in process':


Q: While the change of status is under process, can the applicant travel outside of the country? If applicant travels outside the country, what will happen?

A: Yes, applicant can leave the US while the change of status application is pending; but applicant will be abandoning this application. Applicant will need to obtain F-1 stamp at the consulate before applicant can travel back to the United States on F-1 status. Or, if applicant returns to the US on H-4 status, applicant will need to refile the (H4 to F-1) change of status application.


Q: When applicant's change of status application gets abandoned because of travel outside of United States, can the applicant come back to United States on existing H-4 visa (i.e. does applicant's existing H-4 visa stands valid after leaving United States)?

A: Yes, the visa should not be invalidated and as long as the H-4 visa stamps remains valid it can be used to travel back to the US.


Q:  Is it safe for the H4 Holder to get F1 Visa stamping when principal H1B holder has filed LC PERM for the green card?

A: The risk is whether the government would imply immigrant intent at H4 Holder's F-1 stamping -- a PERM is not a non-immigrant application so even if the PERM was filed on principal H1B holder's behalf, it should not have to be disclosed as it is not an "immigrant petition".