A student I know is applying for a change of status (COS) from F1 to B2 to buy time for another H-1B attempt. However, they need to travel home due to a family emergency. What happens if they leave while the COS is pending?
if you are applying for a cos, you are required to be physically present inside the US while the case is on going. your case will be denied. once it is, you can apply for B2 from your home country and use the B2 visa sticker to come back to the US.
Hey @MelindaBerg99 — important question, and there’s actually a pretty straightforward answer:
If someone leaves the U.S. while their Change of Status (COS) is pending, the petition is automatically considered abandoned. That applies whether it’s F-1 to B2, or any other COS.
So in your friend’s case — if they travel home while the B2 COS is still processing, they’ll need to apply for a B2 visa abroad if they still want to enter on that status. Otherwise, the application won’t move forward.
It’s definitely something to discuss with an attorney before making travel plans.
– Jill
If they leave the U.S. while the COS (Change of Status) is still pending, the application is considered abandoned — USCIS will automatically cancel it.
So basically:
They can leave, but the pending F1 → B2 change won’t be processed.
If they want to come back, they’d need a valid visa (like F1, if still valid), or apply for a new one from outside the U.S.
Leaving during a pending COS = starting over from scratch, visa-wise.
If they leave the U.S. while the COS from F1 to B2 is pending, USCIS will consider it abandoned and deny it. Basically, leaving = killing the application. They’ll need a visa to come back, and the denied COS might raise red flags. If they have to go, best to withdraw the app first.
I think for pending, it drops the case. But even if he/her is approved, travel back and get the B visa with a change of status history is super tough. Best speak with a professional