H4 Re-entry before stamping expiry and extension not approved

[anasuyadg]

Hi,

My husband is in USA and his H1 petition is approved and stamped till 30-Dec-14. My H4 has same stamping expiry. My husband will file extension for both next month(September 2014). I plan to leave USA in mid November and be back by mid December. Can I re-enter USA and stay back after i94 Expiry on lieu of previous Extension case or leaving USA and coming back mid way of Extension will effect my existing Extension application.

Thanks,
-User

[raghvi]

Hi,

My husband is in USA and his H1 petition is approved and stamped till 30-Dec-14. My H4 has same stamping expiry. My husband will file extension for both next month(September 2014). I plan to leave USA in mid November and be back by mid December. Can I re-enter USA and stay back after i94 Expiry on lieu of previous Extension case or leaving USA and coming back mid way of Extension will effect my existing Extension application.

Thanks,
-User

Though not advisable to travel while extension is pending, but if there is no way to avoid it, then go ahead. It should not typically affect the extension process. The least you can do is file extension in premium in Sep 2014, so that you get the decision before your planned travel in Mid Nov.

This is my opinion not legal advice.