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Parent in hospital_urgent travel_H1 extension question

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  • Parent in hospital_urgent travel_H1 extension question

    My FIL is in the hospital so my husband who's on H1-B needs to leave US to go to India asap. His current visa and my h4 expires Sept 16, 2016 (both of our Visa stamps are already expired). We are in the middle of filing for the H1 extension with my H4 (premium processing) but he cannot wait until this is done, the paper work is currently with the lawyer, so it'll take at least a week or 10 days before it gets to USCIS, (that means he will be out of the country technically when the extension is filed, he needs to leave by tomorrow night).
    1) So, can his H1 extension process continue in the background (and I'll fly later with the new 797? so we can get a new Visa stamp?)
    2) If we cannot do step 1, can he apply for a new extension from India, if so what's the procedure and can we still get premium processing on it?
    3) If we do it from India, is it ok that I'll be in US on my H4 until then?
    4)My EAD on H4 (as per new Obama rule) also expires Sept 16, 2016, so I was planning to do it after my H4 approval before leaving the country.

    We are thoroughly confused and at a loss of how to approach this the best way. Any advice is appreciated (keeping in mind that he cannot delay leaving the country- latest he can wait is 2 more days)

    Last edited by umamahajan; 04-25-2016, 09:30 AM.