Travel to india while H4 Extension is pending

[subashchandar]

My wife's H4 extension was filed on July 10th. She has valid H4 Visa until October 2015. Kindly let me know if she can travel to India while her extension is pending. She is planning to return after the current extension is approved and will go for stamping.

Let me if this will create any issues for the extension

[shervin143]

What is the point in filing the extension if she will leave the country before her current I-94 expires. You have just wasted money in filing the H4 extension unnecessarily. H4 extension need to be filed to get an extended I-94 to stay in the country. When a H4 candidate leaves the country, upon return can show the H1B holder approval notice to get an I-94 matching the H1B petition expiry date. In your case, your wife will leave U.S before her current I-94 expires. When she returns back, she will need to show your H1B approval notice at the POE (she will need a valid H4 visa to return. To get the H4 visa stamped, she will need your H1B approval notice. H4 approval notice is not needed) and the officer will issue an I-94 until your H1B petition expiry date (as long as your wife's passport is valid for more than 6 months).

To answer your question, yes she can travel out when her extension is pending. EOS will most likely get denied if the person is not in the country while the application gets processed. But that is okay in your case.

[subashchandar]

What is the point in filing the extension if she will leave the country before her current I-94 expires. You have just wasted money in filing the H4 extension unnecessarily. H4 extension need to be filed to get an extended I-94 to stay in the country. When a H4 candidate leaves the country, upon return can show the H1B holder approval notice to get an I-94 matching the H1B petition expiry date. In your case, your wife will leave U.S before her current I-94 expires. When she returns back, she will need to show your H1B approval notice at the POE (she will need a valid H4 visa to return. To get the H4 visa stamped, she will need your H1B approval notice. H4 approval notice is not needed) and the officer will issue an I-94 until your H1B petition expiry date (as long as your wife's passport is valid for more than 6 months).

To answer your question, yes she can travel out when her extension is pending. EOS will most likely get denied if the person is not in the country while the application gets processed. But that is okay in your case.

Thanks for the reply shervin. I applied for my extension since I am planning to travel in 3 months time. I did not know I could have avoided filing her extension since my employed filed for both of us together.

[rakeshch]

Hi subash chandar,

I am also in same situation.
My Dependents needs to travel to India in September 2015. Their Visa is valid till 30th Sep 2015.

H4 Extension status is showing as "Case Was Received".

What will happen their Visa status and how will they come back (Currently my H1B Extension is in progress).

[getmeslick]

Daughter H4 ext process in progress - Visit to India

My wife's H4 extension was filed on July 10th. She has valid H4 Visa until October 2015. Kindly let me know if she can travel to India while her extension is pending. She is planning to return after the current extension is approved and will go for stamping.

Let me if this will create any issues for the extension

I have a similar situation.

My H1B and my daughter's H4 ext is in progress. My employer is just preparing the paper works for the extension. Not yet applied till today (May be they will send the docs to USCIS in a week/two)

Meanwhile, my wife and daughter are going to India for 3 weeks from Nov-18-2015 to dec-08-2015. My wife got new H1B and she is going for visa stamping. We already made the travel plans etc. I m still staying in US.

Will this travel affect my daughter's H4 extn?

Please note both my current H1B and H4 Visa i-94 are valid till Mar-04-2016.

Please help.

[shervin143]

When is your daughter's H4 I-94 expiring?

I have a similar situation.

My H1B and my daughter's H4 ext is in progress. My employer is just preparing the paper works for the extension. Not yet applied till today (May be they will send the docs to USCIS in a week/two)

Meanwhile, my wife and daughter are going to India for 3 weeks from Nov-18-2015 to dec-08-2015. My wife got new H1B and she is going for visa stamping. We already made the travel plans etc. I m still staying in US.

Will this travel affect my daughter's H4 extn?

Please note both my current H1B and H4 Visa i-94 are valid till Mar-04-2016.

Please help.

[Ambarish]

Travel to India while H4 extension in processing and stamp on H1B approval.

Hello Guys,

My H1B*and wife's H4 dependent VISA are going to expire on 30th April, 2017. I will be apply for H1B & H4 (for wife) extension on 1st Feb, 2017 in premium through my employer.*My wife has to go to India for some family urgency on 16th Feb,2017 which is at the time of processing of her H4 extension. I will be in USA until get *my extension approval, then go to India and come back with new stamping. So, my questions is -

1> Will her H4*extension be considered as abandoned? If so, how USCIS get to know that she is not in USA?*Do I need to Inform USCIS for her travel and abandon H4 extension file?

2> Should*I file her H4 extension, as i know she might not be fully available while processing?

3> Can we both stamp of our VISA when I go to India with my H1B approval only? Is stamping possible through DropBox?


Regards,
Ambarish

[sreddy_m]

Hello Guys,

My H1B*and wife's H4 dependent VISA are going to expire on 30th April, 2017. I will be apply for H1B & H4 (for wife) extension on 1st Feb, 2017 in premium through my employer.*My wife has to go to India for some family urgency on 16th Feb,2017 which is at the time of processing of her H4 extension. I will be in USA until get *my extension approval, then go to India and come back with new stamping. So, my questions is -

1> Will her H4*extension be considered as abandoned? If so, how USCIS get to know that she is not in USA?*Do I need to Inform USCIS for her travel and abandon H4 extension file?

2> Should*I file her H4 extension, as i know she might not be fully available while processing?

3> Can we both stamp of our VISA when I go to India with my H1B approval only? Is stamping possible through DropBox?


Regards,
Ambarish

Any update on your H4 Ambarish?

[dhsa4]

What is the point in filing the extension if she will leave the country before her current I-94 expires. You have just wasted money in filing the H4 extension unnecessarily. H4 extension need to be filed to get an extended I-94 to stay in the country. When a H4 candidate leaves the country, upon return can show the H1B holder approval notice to get an I-94 matching the H1B petition expiry date. In your case, your wife will leave U.S before her current I-94 expires. When she returns back, she will need to show your H1B approval notice at the POE (she will need a valid H4 visa to return. To get the H4 visa stamped, she will need your H1B approval notice. H4 approval notice is not needed) and the officer will issue an I-94 until your H1B petition expiry date (as long as your wife's passport is valid for more than 6 months).

To answer your question, yes she can travel out when her extension is pending. EOS will most likely get denied if the person is not in the country while the application gets processed. But that is okay in your case.

Hi
I am in similar situation but I-94 expired 35 days back and she is with me based on pending I-539. If pending application will be considered as abandoned, then her stay (I-94 expiration to Departure date) will be considered as "out of status". How this will affect the VISA stamping ?
Please share your experience or thoughts.
Thank you.

[scientist2016]

Hi
I am in similar situation but I-94 expired 35 days back and she is with me based on pending I-539. If pending application will be considered as abandoned, then her stay (I-94 expiration to Departure date) will be considered as "out of status". How this will affect the VISA stamping ?
Please share your experience or thoughts.
Thank you.

If she leaves before the adjudication of I539, stay between I94 expiry and departure is not considered towards "accrual of unlawful presence", and hence has no affect on visa stamping.

[dhsa4]

If she leaves before the adjudication of I539, stay between I94 expiry and departure is not considered towards "accrual of unlawful presence", and hence has no affect on visa stamping.

Thank you Sir for this feedback

[saanvi27]

I work for company A, my visa and i94 expired in April 2019 , H1b extension for that has been filed in Dec 2018 . I got rfe on extension and planning to switch Premium process. I am expecting to respond one or 2 weeks.

Now, I have got an offer in company B. They are ready to file H1b transfer in premium. I said, I can start work after H1 get approval. what are the risk here?

My family wants to travel India on May 20^th 2019. What is the best options

Option1: They can travel to India, no worries about my H1B either getting approval from company A or B? or they need to wait for getting approval notice either company A or B

Option2: They can travel to India after company A approval and go for drop box, since they are eligible within 12 months, but while backing to USA after 2 to 3 months, my H1 visa might be transferred to company B. How they can travel back to USA, is they need to go visa stamping again?

Option 3: They can travel to India, once H1b transferred and approved from company B.