Plan to go India while my H4 is in process

[verdugo]

Hi,

My husband has applied H1 extension for him and also H4 extension for me.He got RFE for his H1 and they are in process of replying that.My current H4 visa is valid until sep 30th 2015.

1)Can I travel to India if my H4(i539) is in process with uscis?
2) Do I need wait until it is approved ?
3)If we abandon the process of I-539 with USCIS, will there be any issue during stamping at consulate?

Please suggest me.

[shervin143]

1)Can I travel to India if my H4(i539) is in process with uscis?
>>> You are not supposed to travel when an extension is pending with USCIS. If you have to travel, then leave before your current I-94 expires and return back only after getting a decision on your husband's H1B extension and your H4 extension.

2) Do I need wait until it is approved ?
>>> Read the above answer.

3)If we abandon the process of I-539 with USCIS, will there be any issue during stamping at consulate?
>>> No issues as long as you leave before your current I-94 expiry date. Do not return back while a decision is made on both your cases.