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Travel outside of country when I539 extension for H4 is pending

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  • Travel outside of country when I539 extension for H4 is pending

    Hello,
    My wife's H4 extension (I539) is still pending with USCIS. It was submitted on April 29, 2015 and no decision has been made yet. Her visa on passport is valid until mid next year (2016). In this case, can she travel outside the country?

    Thanks,
    J

  • #2
    If she travels out when her H4 extension is pending, then her extension of stay will be denied. If that happens, then all the time that she spent in U.S post her last I-94 expiry date will be treated as illegal stay.
    Not a legal advice. Use of this information is strictly at your own risk.

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