Please Advise.H4 expired and extension pending.Travel to India

[nisha33]

Hi All

My Husband's H1 and my H4 visas expired in Oct 2015.
Our extension approval is pending and expected to get around Feb 2016.
I want to travel alone to India in Dec 2015.

1. Do you think its ok to travel to India, wait for few months there, and come back after stamping?
2. Heard I have to go for a fresh H4 visa. Does that involve everything from scratch , ie medicals, etc
3. Do you think we can go for the visa stamping together in this case?

We did not get a proper response from the company yet.
Please help.Any advise would be appreciated.

Thank you

[shervin143]

1. Do you think its ok to travel to India, wait for few months there, and come back after stamping?
>>> If you travel out while the extension is pending, then the extension of stay will get denied. The time that you spent in U.S post your I-94 expiry date will be treated as illegal stay.

2. Heard I have to go for a fresh H4 visa. Does that involve everything from scratch , ie medicals, etc
>>> You just need to get the H4 visa stamped at the U.S embassy based on your spouse's latest approval notice. What medical are you talking about?

3. Do you think we can go for the visa stamping together in this case?
>>> Yes. You may also be eligible for visa interview waiver program. Check the below link.

https://www.immihelp.com/us-visa-interview-waiver-visa-renewal/

[nisha33]

Thanks Shervin for your prompt reply.
1.So do you think the illegal stay issue may affect me getting the new H4 visa? Or how else?Pardon my ignorance.
2.I was talking about the physical tests, biometrics etc done prior to visa interview.
I was thinking of staying back in India for a few months until my husband comes with his approved extension for stamping. If it sounds complicated, i will rather
call off the travel plan.

Thank you


1. Do you think its ok to travel to India, wait for few months there, and come back after stamping?
>>> If you travel out while the extension is pending, then the extension of stay will get denied. The time that you spent in U.S post your I-94 expiry date will be treated as illegal stay.

2. Heard I have to go for a fresh H4 visa. Does that involve everything from scratch , ie medicals, etc
>>> You just need to get the H4 visa stamped at the U.S embassy based on your spouse's latest approval notice. What medical are you talking about?


3. Do you think we can go for the visa stamping together in this case?
>>> Yes. You may also be eligible for visa interview waiver program. Check the below link.

http://www.immihelp.com/us-visa/visa...ew-waiver.html

[shervin143]

1.So do you think the illegal stay issue may affect me getting the new H4 visa? Or how else?Pardon my ignorance.
>>> It depends on the VO. There is a specific question in DS160 that asks if you accumulated any illegal stay or out of status period while you were in U.S and you need to answer YES to that question. However, yu can justify that saying the extension was filed, but you had to leave before getting a decision on the extension. It is up to the VO to deceide on it.

2.I was talking about the physical tests, biometrics etc done prior to visa interview.
>>> You can attend the visa interview directly. You may even be eligible for IWP. Check the link that I provided you earlier.

I was thinking of staying back in India for a few months until my husband comes with his approved extension for stamping. If it sounds complicated, i will rather call off the travel plan.
>>> Well, you can do that. But it is advisable to keep you stay legal so you don't have to mention that your stay was illegal and then give explanation.