H1B Petition in progress. Can my wife travel to US on H4?

[aav42005]

Hi,

My wife is currently on H4, H1B petition is filed for 2016 and awaiting response from the employer on the status.

My wife had to travel to India due to family emergency and new H4 is stamped 2 days ago.

Can she travel to US on her valid H4 along with me since we do not have an update on the current H1B Petition status? Plan is to travel in the mid of June.

Please let me know if anyone had same situation or has knowledge on this.

[raghvi]

Hi,

My wife is currently on H4, H1B petition is filed for 2016 and awaiting response from the employer on the status.

My wife had to travel to India due to family emergency and new H4 is stamped 2 days ago.

Can she travel to US on her valid H4 along with me since we do not have an update on the current H1B Petition status? Plan is to travel in the mid of June.

Please let me know if anyone had same situation or has knowledge on this.

No issues in her travelling on her valid H4 along with you as long as you are having valid H1 documentation. Her H1 may not get approved with new I-94 as she traveled while it was pending, if that happens her employer will have to file a new COS request.

This is my opinion not legal advice.

[Vidya88]

This is same as my condition. I am on H4 currently in USA and my application has been picked in lottery. Now the question is Can I travel to India and come back to USA before October?
Will there be any potential problems ? my husbands VISA ( H-1b) should be stamped again as he got his visa extended recently. Now if we both travel to India, anyway we need to get our visa's restamped , But since my H1 has been picked it lottery will that pose a problem on my return to USA before October?

[raghvi]

This is same as my condition. I am on H4 currently in USA and my application has been picked in lottery. Now the question is Can I travel to India and come back to USA before October?
Will there be any potential problems ? my husbands VISA ( H-1b) should be stamped again as he got his visa extended recently. Now if we both travel to India, anyway we need to get our visa's restamped , But since my H1 has been picked it lottery will that pose a problem on my return to USA before October?

Similar answer : No issues in traveling on valid H4 along as long as having valid H1 documentation. The H4 to H1 may not get approved with new I-94 as you traveled while it was pending, if that happens the employer will have to file a new COS request.

This is my opinion not legal advice.

[Dilshad Begum]

Can H4 travel to USA being H1 in india stuck in 221G?

I and my 2 kids have H4 on new employer.my husband has valid visa till september 2016 and I797 from new employer.
our H4 are on new Employer.since my hsband is here in india ,he applied for H1 extention and got stuck in 221g.
he is working remotely.he has has valid I797.he can work from india up to 3 months.
as he would join us can we travel to US for children admissions as we nerver travelled before.will be port entry easy/
is it legal to travel?