Need Information on H4 extension

[rohit45]

Hello Everyone,

Please help me with the information in H4 extension.

I came to US on H1 in the month of feb 2016, my h1 and H4s (wife and kid) are valid till Nov 2016, my employer filed H1 extension and it got approved till 2019, but he did not apply for H4 extension.

Now my employer is filing H4 extension. My question is we are planning to visit india in the month of Dec 2016, if the H4 extension is in process can we travel to india ?
we will go for the Visa stamping as our Visas are valid till Nov 2016.

Please advice.

[raghvi]

Hello Everyone,

Please help me with the information in H4 extension.

I came to US on H1 in the month of feb 2016, my h1 and H4s (wife and kid) are valid till Nov 2016, my employer filed H1 extension and it got approved till 2019, but he did not apply for H4 extension.

Now my employer is filing H4 extension. My question is we are planning to visit india in the month of Dec 2016, if the H4 extension is in process can we travel to india ?
we will go for the Visa stamping as our Visas are valid till Nov 2016.

Please advice.

It is not recommended to travel while an extension is pending. Technically your dependents would be considered out of status between Nov 2016 I-94 expiry till you exit and the same would have to be mentioned int he DS-160. But it can always be justified with the receipt as long as the same was applied prior to I-94 expiry.

This is my opinion not legal advice.