Travelling to INDIA while H4 extension (I539) is under process.

[sasikanthLolla]

Hi Guys,
This is my scenario and I would like to any issue/legally wrong with this.

1. My wife's H4 (based on my I797A copy, due to H1B transfer) ends by 30th SEP 2015.
2. My Kid's OCI is yet to come and expected in OCT-2015 or so.
3. We are applying for H4 extension for my wife and starting from 25th SEP, it takes 4months it seems.. That is till JAN-2016 we cannot expect her H4 approval notice.
4. We would like to travel to India in between, ie., 13th NOV 2015. ( for my kid's cermonies)


Now , the questions are

1. Is that allowed to travel outside USA when H4 extension process is under way?
2. As my passport too needs stamping based on my new H1B Transfer, does my wife's stamping gets affected with the current H4 extension underway, when we go for stamping in India ?
3. What is the H4 maximum extension that I can expect ? Is that max of 6 months or till SEP 2016 as per my H1B approval end date?
4.Is that wise to go India on NOV-2015 or to wait for my wife's H4 extension approval notice?


Regards,
Sasikanth Lolla

[shervin143]

1. Is that allowed to travel outside USA when H4 extension process is under way?
>>> No. H4 extension will get denied if you travel outside and the time spent in U.S after the current I-94 expiry date will be treated as illegal stay.

2. As my passport too needs stamping based on my new H1B Transfer, does my wife's stamping gets affected with the current H4 extension underway, when we go for stamping in India ?
>>> Hard to predict. Yo will have to answer "YES" to question that asks if you have violated the H4 regulation since your overstayed beyond the H4 I-94 validity and abandoned the extension of stay by leaving. It is up to the Vo to decide.

3. What is the H4 maximum extension that I can expect ? Is that max of 6 months or till SEP 2016 as per my H1B approval end date?
>>> It will be as per your H1B expiry date.

4.Is that wise to go India on NOV-2015 or to wait for my wife's H4 extension approval notice?
>>> Advisable to leave before the current I-94 expiry date so there is no need to file the H4 extension. Or leave after receiving the extension.

[sasikanthLolla]

Thank you Shervin.

One last question. Generally how much time it takes for H4 extension process?

Regards,
Sasikanth Lolla

[shervin143]

It is taking more time these days because of backlogs at USCIS. Usually it takes about 90 days. These days, it is taking up to 5 month. You can check the current processing time on USCIS website by selecting the appropriate processing center.

Thank you Shervin.

One last question. Generally how much time it takes for H4 extension process?

Regards,
Sasikanth Lolla