Apply for H4 Visa Extension while She is in India.

[vkarthickcse]

Hi All,

I have valid H1B Visa till Sept 30, 2013. My Wife is in H4 Visa and my daughter born in US, plan to travel india in the month of March, 2013 for personal works and return back on November or December 2013.

Could you please help me for the following questions:

1. Shall I filing H4 Visa Extension along with my H1B Visa Extension while she is in india?

2. Whether she need to go for Visa stamping while return back (For ex, Return Date might be after Sept 30, 2013)?


Please help us for the travel concerns and questions.

[kabkaba]

Your employer will have to file H1 extension petition. Since your dependents will be out of US at that time, there will be no extension of status for them (no need). Even the H1 petition will not include extension of status since there is no status outside of US. After the petition is approved, all of you can apply for your respective Visas at a nearby consulate like before and travel to US in November. Understand that status, petition and Visa are all different things.

[vkarthickcse]

I will be here only in US. My Wife and kid are travelling to India and return back on or after November, 2013. As I heard, during the processing period of Visa extensions, she not suppose travel back to US, it will be risky.Is it so?

Please suggest.

[kabkaba]

Again petition, Visa and status are all different things. Approved petition is basically your work authorization. Status is something you have when you are present in the US. Visa is what you have in your passport.
Since you will be in the US in H1 status at the time extension is filed, the petition will include extension of status. Once that is filed, you should not travel outside until it remains pending. In case of your dependents, their extension of status cannot and need not be filed since they have no status at that time.