H1-B extension, but H4travelling to India with a valid visa

[ggca]

Hello,

Here is my situation:

Current Visa on both H1-B and my Spouse's H4 valid until Dec 05, 2014
My company will be applying for 3 years of extension (based on my pending I-140). But my wife is travelling to India on June 5th, 2014. She will be returning on Sep 5th 2014 (before the current visa expires).
Due to 180 days rule, H4 extension can be applied only on or after June 5th, 2014.


Isn't there any other option apart from

1> Changing her travel dates

2> Applying her H4 separately after her return. Will there be any issues with the separate filing?

I will also be travelling to India in August 05th and returning on Sep 5th. Hope that will not be a problem.

Kindly guide me with your expertise.

[raghvi]

Hello,

Here is my situation:

Current Visa on both H1-B and my Spouse's H4 valid until Dec 05, 2014
My company will be applying for 3 years of extension (based on my pending I-140). But my wife is travelling to India on June 5th, 2014. She will be returning on Sep 5th 2014 (before the current visa expires).
Due to 180 days rule, H4 extension can be applied only on or after June 5th, 2014.


Isn't there any other option apart from

1> Changing her travel dates

2> Applying her H4 separately after her return. Will there be any issues with the separate filing?

I will also be travelling to India in August 05th and returning on Sep 5th. Hope that will not be a problem.

Kindly guide me with your expertise.

Pending I140 wouldnt get you a 3 Year extension. An approved I140 would get you a 3 Year extension.

You can file the H1/H4 extension after returning in Sep 2014.

This is my opinion not legal advice.