H1B extension pending decision, H4 wife planning vacation to India

[adorable.abhinav]

Hello Forum,

I (husband) am working in USA. My H1B is expired and my employer has filed extension for me. My wife is on H4 and her H4 extension is filed too. I am expecting decision on my petition in next 2 months. My wife is planning a vacation to India, My question is

1) Do I need to wait for decision before her travel ?

2) In case she leave without having approved petition in hand, is it okay for her to travel back to USA once I my petition is approved.

Please advise. Thanks
Abhinav

[raghvi]

Has her H4 in passport expired? If yes, she would need a new stamping in order to return.

This is my opinion not legal advice.

[kabkaba]

She can leave. But for returning she will need a valid H4 Visa and a valid H1 petition. She should plan it in such a way that she applies for Visa using the new petition (after approval) and returns with the new Visa and petition.

[adorable.abhinav]

Wife's passport is valid and I agree that she need VISA to re-enter US. She is planning to return USA after I get my petition approval. Once I get approval, I will send petition to her in India, she will get her visa stamped as per my petition. I have also applied her H4 extension along with my H1B extension, will this get VOID when she travel out of USA. Is my approved petition alone is sufficient to get her back here. I am avoiding paying premium processing money as this will be on me and not on my employer. Please advise.

[raghvi]

Wife's passport is valid and I agree that she need VISA to re-enter US. She is planning to return USA after I get my petition approval. Once I get approval, I will send petition to her in India, she will get her visa stamped as per my petition. I have also applied her H4 extension along with my H1B extension, will this get VOID when she travel out of USA. Is my approved petition alone is sufficient to get her back here. I am avoiding paying premium processing money as this will be on me and not on my employer. Please advise.

Yes she can attend stamping based on your new approved H1 petition.

This is my opinion not legal advice.

[kabkaba]

The plan is alright if she is willing to wait until you get a decision on the H1 petition.

The H4 extension becomes meaningless once she leaves the US, it makes no difference.