H4 Travelling outside US when H1B about to expire and new H1b(i129) not yet approved

[nishvik]

Hello All,

I am currently in USA on H4 visa and I am planning to visit my home country. Here is my scenario:

1) My husband's H1b 6 years are about to expire.We already have our approved i140 but the new petition for H1b(i129) is still in process and not yet approved.

2) When I will leave US my H4 visa will be still be valid as it expires 3 days after that.But the problem is I will not be having an approved i129 while I will be leaving US.

3) I plan to go for Visa stamping in my home country but till then I will be having approved i129.

SO my main issue is can H4 leave US when he/she does not have an approved i129.

Please respond to my query if any one has any knowledge of this situation or has been through similar situation.

I would really appreciate all your feedback.

Thanks in Advance

[rsingh18]

There is no issue for you to leave US, if you are considering to get fresh visa stamped before you enter US again.

[nishvik]

@rsingh Thank you so much and I really appreciate your reply.I know its not a legal advice but can you brief on that or are you familiar with such instances.

Actually i was so worried for this thing as it came across to me that I cannot leave US since our i129(extension of stay) is still under process.Initially it was under regular processing but since we had to make travel plans it was converted to premium processing and its been a week since it was upgraded.

Also, as per what i researched H1 cannot leave US when their H1b(129-extension of stay) is under processing?? Correct me if i am wrong.

When I will leave US i will have valid visa but it expires in couple of days then and hopefully by then we should receive our i129.Also I will be going for visa stamping once we receive our approved petition.

Thanks once again.