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Travelling to Indian While on DA Status

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  • Travelling to Indian While on DA Status

    Hello All,

    I would like to get advice for travelling to INDIA while on DA status. My wife would like to visit INDIA she has current H4 Valid visa till November 2018. is it ok to travel whirl on DA Status? Please advice!
    Last edited by Allen1; 08-04-2017, 07:38 AM.

  • #2
    Originally posted by Allen1 View Post
    Hello All,

    I would like to get advice for travelling to INDIA while on DA status. My wife would like to visit INDIA she has current H4 Valid visa till November 2018. is it ok to travel whirl on DA Status? Please advice!
    That means you should have H1 visa valid until the same period? If yes, then why do you need DA or U visa to travel back and forth. You can use H1 and H4 for travelling.

    Comment


    • #3
      Originally posted by Prince View Post
      That means you should have H1 visa valid until the same period? If yes, then why do you need DA or U visa to travel back and forth. You can use H1 and H4 for travelling.
      I was getting Advice from my U-Visa Attorney she was confused me. She said we can not travel while on U-visa pending file they might stopping you while came back. Is That True ? My Attorney is very bad she never respond satisfied.

      Comment


      • #4
        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.

        Comment


        • #5
          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.

          @ You.Visa&Prince

          As meanwhile she has to go for stamping as well did they check or ask any question related to U-visa process if they came to know she is on DA and U-visa file pending? Or only they check valid H1/H4 validity.


          Thanks for your concern and advice sharing here!

          Comment


          • #6
            You both can go for stamping, i traveled thrice outside US while my U visa is pending and once renewed my current visa too.
            there will be no questions of U visa at all until unless you tell that you have DA or applied U visa.
            keep one thing in mind H1/H4/F1/F2/J1 or U visa all fell under Non-immigrant visa. even if you have multiple approvals
            its you who apply which visa you wants to enter as.

            Comment


            • #7
              Originally posted by you.visa View Post
              You both can go for stamping, i traveled thrice outside US while my U visa is pending and once renewed my current visa too.
              there will be no questions of U visa at all until unless you tell that you have DA or applied U visa.
              keep one thing in mind H1/H4/F1/F2/J1 or U visa all fell under Non-immigrant visa. even if you have multiple approvals
              its you who apply which visa you wants to enter as.
              Agreed!! You can be on multiple visas, as long as you don't receive EAD on DA if I am not wrong.

              Comment


              • #8
                Originally posted by Prince View Post
                Agreed!! You can be on multiple visas, as long as you don't receive EAD on DA if I am not wrong.
                @Prinec,

                My wife has been received EAD since Oct 16 and mine is pending At VSC since November 16 no updates yet on my EAD. They keep telling we are working on it your case.

                Comment


                • #9
                  Originally posted by Allen1 View Post
                  @Prinec,

                  My wife has been received EAD since Oct 16 and mine is pending At VSC since November 16 no updates yet on my EAD. They keep telling we are working on it your case.
                  As per my knowledge once you accept EAD on a perticular visa you automatically forego your previous status . If your H1/H4 I-94 date is current and don't have to go for stamping abroad then you can take a chance at port of entry. I am not a lawyer and don't want you get into trouble taking advices from the forum. Talk to your lawyer he is the right person.

                  Comment


                  • #10
                    @Allen1 > (Please get advised from an attorney this is my opinion)
                    You can travel and get stamped your H-1 and re-enter as you are derivative of principal U applicant,
                    but Unfortunately your wife can't travel now as she already on DA and EAD applied if she leaves US before getting Advance parole current DA/EAD/U status automatically get abandoned later you cant re-apply on same basis.

                    Comment


                    • #11
                      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 Production 08-29-2017
                      Formal Approval with I-94 05-15-2018

                      Comment


                      • #12
                        @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.

                        Comment


                        • #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 Production 08-29-2017
                          Formal Approval with I-94 05-15-2018

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              Hey guys can i aboard us while my case is still pending any opinion plz shere with me

                              Comment

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