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Thread: Travelling to Indian While on DA Status

  1. #11
    Quote Originally Posted by you.visa View Post
    I am not a attorney this is my opinion:

    Personal Experience: you can travel on your current H1/H4 Visa. DA is nothing but it deffer any action against candidate status.
    only if your wife's H4 expires she cant come on DA she needs new Visa.

    If you applied EAD on DA or you are already on DA and abandoned H status this is quite bad situation to travel.
    I've been told that any departure, for any visa in NIV category, results petition abandonment. Despite it doesn't affect petitioner's current valid status/visa

    I am worrying whether your U-Visa application had been automatically withdrawn or not.
    U-VISA applied in late July of 2014
    USCIS received my case on 08-05-2014
    Biometric was taken in mid September of 2014

    A...L...O...N...G...T...I...M...E...W...A...I...T. ..I...N...G

    NSC Transfer 11-29-2016
    Deferred Action 04-20-2017
    DA EAD Application Received 05-08-2017
    DA EAD Transfer 07-27-2017

  2. #12
    Junior Member
    Join Date
    Oct 2016
    Posts
    14
    @Koir :
    If U-visa applicant is not on any valid status while application is in pending in that case if left country the petition is abandoned.
    but if you have valid other NIV status you can maintain it till you get DA or U visa approval and travel.
    my application was not automatically withdrawn after my travel outside US i got RFE and still in never ending processing.

  3. #13
    For other Change of Status (COS) action which requires I-539; departure leads abandonment for sure.

    Seems this rule is not working with I-918
    U-VISA applied in late July of 2014
    USCIS received my case on 08-05-2014
    Biometric was taken in mid September of 2014

    A...L...O...N...G...T...I...M...E...W...A...I...T. ..I...N...G

    NSC Transfer 11-29-2016
    Deferred Action 04-20-2017
    DA EAD Application Received 05-08-2017
    DA EAD Transfer 07-27-2017

  4. #14
    Senior Member
    Join Date
    May 2016
    Posts
    230
    U visa is a NIV but a separate entity created by an act of Congress under humanitarian grounds unlike other NIVs e.g; H/L/F/R wherein you can switch from one to another with COS. You don't use I-539 for COS to U visa but apply afresh altogether on I-918

    No application is rejected with out citing any valid reason or Deny with out sending you RFE and no status is withdrawn automatically without USCIS sending you NOID ( Notice of intent to deny) and a chance to appeal.

  5. #15
    Junior Member
    Join Date
    Aug 2017
    Posts
    2
    Hey guys can i aboard us while my case is still pending any opinion plz shere with me

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