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Dependent needs to travel while visa extn is in process and current visa is expired

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  • Dependent needs to travel while visa extn is in process and current visa is expired

    Need Clarification on my Visa Process . Please provide answer after each question -


    My Situation :

    My h1b Visa is going to be expired on 13-AUg-17. We are in process of filing the visa extention now ,but since we can no longer file premium there are chances that my visa approval will happen after my current Visa is expired. My spouse is currently in INDIA and there is a need for her to come to US in (july) and then Fly out of US again in SEP end.
    Belwo are the question . Kindly clarify -



    QUE 1> AS our current visa expires on 13-AUG and we will have the extension is process after fews weeks from now - Can my spouse travel from India to USA in July End. (this will be 2 weeks before her Visa expires). If no - what is the right for her to enter US.

    QUe 2>When my spouse enters US in July, as per my understanding, her new I-94 , will show end date of 13-AUG (current Visa Expiry date). But she can stay after 13-AUG as well along with me in USA as our extension petition would already have been filed. (as per rule , we can stay 240 days after the visa expiry , if the extension petition has already been files).


    Que 3> I understand , that when extension petition is in process , you can't travel outside US. If you travel outside USA , you visa will be abandoned. SO i understand , I can't travel outside US till I get my extension petition approved. Please confirm.


    Que 4> My Spouse , will travel outside US in the month of Sept- and with this she will apandon her extension petition , but my extension petition will still be valid. Once I get my extension approved , she can apply for H4 , go for stamping in Indian and then come back to USA. Please Confirm.
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