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Travel outside USA while H4 extension is in process.

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  • Travel outside USA while H4 extension is in process.

    I am on 6'th year of H1B visa which expires by April 2006 and my wife is on H4 Visa. I have applied for H1B and H4 visa extensions for me and for my wife based on pending Labor Certification. My wife got her passport stamped with the H4 visa which is valid till April 2006.
    The H1b and H4 visa extensions are not yet approved (under the process). Meanwhile my wife plans to travel to INDIA during the month of Feb 2006 and return back to USA during March 2006.

    The question I have is

    Can she travel outside USA when her extension is in process ???. I have not changed my employer and she has not changed to any other visa. I know one can not travel outside USA when employer is changed or visa change like H4 to H1b. But can one travel to INDIA if there is no change in employer(primary H1b applicant is with the same employer) , no change in the category of visa (same H4 Visa) and passport has valid Visa stamp ???.

    If she can travel outside USA, I have another question. When she enters back to USA, she will get new I-94. If her H4 Visa extension got approved while she is in INDIA, shall I have to mail her Approval notice with new I-94 (probably it will be valid till April 2007 since 1 year extension) and ask her to show the new I-94 at the Port of Entry and ask POE officer to give I-94 till new date ???
    If her H4 visa extension is not approved while is in INDIA, she will get new I-94 at Port of Entry which will be valid till April 2006 only. If her H4 Visa extension is approved later will the I-94 which comes along with approval notice will take the precedence ???
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