Out of Status -- H4 petition is still in "Initial Review"

[Kiran Konduri]

Hi, I have a situation regarding my Wife's H4 petition. Below are the details.
My Wife came on F2 on 14th March 2013. My OPT Extension was about to expire on 23rd May 2013. I applied for H1 (for me) and it was approved on 15th April 2013. So i applied for Cap-Gap i20 for me and for my wife. I got cap-gap i20 till 30th September 2013.

I applied for H4 petition for my wife, USCIS received her application on 25th September 2013 and they sent receipt no on 2nd October 2013. It's been more than 100 days, we applied and still the case status is in "Initial Review". My wife is planning to go India, for her sister's marriage in Feb 2014.

Here are my Questions:

1. I came to know that, applicants should NOT leave USA when their application is in "Pending" status. Is that True.?
2. From 1st October 2013 to till date, what is my Wife's Visa Status.?
3. After filing a petition, how many days applicant can stay in USA when their visa status is expired.? (I heard 90 days, not sure how much extent it is True.)
4. If my Wife's application is approved before Feb 2014, if she go to India after that, will she face any issues during stamping in India to return to USA.? (FYI: i didn't went to Stamping after change of status from OPT to H1).
5. How much risk involved to go for India, in this situation.?

I am not sure, what else i need to ask. Can you please answer my questions and give me your valuable suggestions.

Thanks
Kiran

[prashanthkaturi]

Hi, I have a situation regarding my Wife's H4 petition. Below are the details.
My Wife came on F2 on 14th March 2013. My OPT Extension was about to expire on 23rd May 2013. I applied for H1 (for me) and it was approved on 15th April 2013. So i applied for Cap-Gap i20 for me and for my wife. I got cap-gap i20 till 30th September 2013.

I applied for H4 petition for my wife, USCIS received her application on 25th September 2013 and they sent receipt no on 2nd October 2013. It's been more than 100 days, we applied and still the case status is in "Initial Review". My wife is planning to go India, for her sister's marriage in Feb 2014.

Here are my Questions:

1. I came to know that, applicants should NOT leave USA when their application is in "Pending" status. Is that True.?
2. From 1st October 2013 to till date, what is my Wife's Visa Status.?
3. After filing a petition, how many days applicant can stay in USA when their visa status is expired.? (I heard 90 days, not sure how much extent it is True.)
4. If my Wife's application is approved before Feb 2014, if she go to India after that, will she face any issues during stamping in India to return to USA.? (FYI: i didn't went to Stamping after change of status from OPT to H1).
5. How much risk involved to go for India, in this situation.?

I am not sure, what else i need to ask. Can you please answer my questions and give me your valuable suggestions.

Thanks
Kiran

Kiran,

I am in the same situation. I got my H1B approved in Sep 2013 and my wife's H4 is still under Initial review. She has to go to India in April 2014 and iam not sure whether she can go to India. My wife's H4 validity ended on Jan 14th 2014.

If she go to India her current H4 processing will be stopped? If so she will be out of status from Jan 14th 2014.

Can you please advise.

Thanks,
Prashanth