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Travel for Dependent on Expired visa and no physical I797.
To provide further details on the case. The H1B and H4 visa expired on May 02 2016. The I-94 also had the same date of May 02 2016. My extension was filed in premium processing and as of now the status on USCIS website is "On May 04 Case Was Approved And My Decision Was Emailed". I have not yet received any soft copy or hard copy of the approval notice / I-797 from Attorney. My spouse needs to travel to India on May 10 2016 due to some urgent issues. Request you to please let me know if she is eligible to travel on May 10 and then if we can get the stamping done once we receive the hard copy of I-797.
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She can travel out but I would advise against a Europe route as her visa has expiredOriginally posted by dhruv.shah5 View Post
Many European transit airport require one to have a valid US visa.
This is my opinion not legal advice. -
Thanks Raghvi, I would ensure that she does not travel through Europe route. However can you please advise if it would not cause any issues at the time of travel or at the time of visa stamping in India.
Originally posted by raghvi View PostComment
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If that is the case, request you to please advise what would be the status of the I539 application filed for the Extension of Stay. Does she have to wait till she gets a decision on the I 539 application. Also will it cause any issues during the visa interview process in India.Comment
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Technically she need not wait , her request for extension of stay would be denied as she would abandon it by leaving US.Originally posted by dhruv.shah5 View Post
This is my opinion not legal advice.Comment
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Travel for Dependent on Expired visa and no physical I797.
She can travel back to India. After you receive your approval notice then she can get the visa stamped in India prior to returning to US.Comment
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