Can i leave USA while H4 visa & I-94 is in extension process with us govt.

[soniaahuja]

Hi

My visa and i-94 expired on 30th Sep,2015 and my husband's company filed extension of the same on 29th sep.2015. It is still in process . Now i have to go back to India with my baby . What wud be the consequences if i ll go back to india without extension of visa . Would by visa extension process be cancelled by USA govt. ? or if not cancelled when can i come back.. My husband is on H1B and having visa n I94 in extension process likewise ..

[raghvi]

Hi

My visa and i-94 expired on 30th Sep,2015 and my husband's company filed extension of the same on 29th sep.2015. It is still in process . Now i have to go back to India with my baby . What wud be the consequences if i ll go back to india without extension of visa . Would by visa extension process be cancelled by USA govt. ? or if not cancelled when can i come back.. My husband is on H1B and having visa n I94 in extension process likewise ..

1. If you leave without extension approval, all the period from I-94 expiry till exit date would be considered out of status and illegal stay period as you left while it was pending, but as and when you go for visa appointment/interview you can show timely filing of extension request receipt and justify the same.
2. You can come back only after approval of your spouse's H1B extension and then using that to get yourself a new H4 visa in the passport. Once you have H4 stamped in passport you can travel.

I would suggest your spouse asks his employer to upgrade to premium to get faster decision.

This is my opinion not legal advice.