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  • I-539 Petition extension pending

    HI

    My name is Tithi Pardeshi. My question is that I am on H4 Visa and I-94 expired. It went for extension but now it completed almost 6 months and not done yet. will it be a good idea for me to travel back to India, apply DS-160 and get our passport stamped and come back with renewed I-94 (Can I get their Visa stamped without petition ?). Or do I have to go through I-539 approval with extension and only then make travel plans if any…
    I am a bit worried as this is the first experience

    Please Suggest.
    Thanks

  • #2
    Originally posted by tithi.singh View Post
    HI

    My name is Tithi Pardeshi. My question is that I am on H4 Visa and I-94 expired. It went for extension but now it completed almost 6 months and not done yet. will it be a good idea for me to travel back to India, apply DS-160 and get our passport stamped and come back with renewed I-94 (Can I get their Visa stamped without petition ?). Or do I have to go through I-539 approval with extension and only then make travel plans if any…
    I am a bit worried as this is the first experience

    Please Suggest.
    Thanks
    Yes you can do that. As long as you applied for I-94 extension before your current I-94 expiry the receipt of the same is enough to prove your genuine effort to stay in valid status.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by tithi.singh View Post
      HI

      My name is Tithi Pardeshi. My question is that I am on H4 Visa and I-94 expired. It went for extension but now it completed almost 6 months and not done yet. will it be a good idea for me to travel back to India, apply DS-160 and get our passport stamped and come back with renewed I-94 (Can I get their Visa stamped without petition ?). Or do I have to go through I-539 approval with extension and only then make travel plans if any…
      I am a bit worried as this is the first experience

      Please Suggest.
      Thanks
      Your extension of status will be abandoned when you leave the US (it won't matter anymore because you don't have any "status" to extend after you leave the US anymore; you will be entering on a visa the next time, and you will be given a new status).

      You will only be admitted to the US until the expiration of your spouse's H1b petition. You should bring a copy of your spouse's latest H1b petition. If their last H1b petition has expired and they have applied for an extension to the petition but it is still pending, then you won't be able to re-enter the US until it is approved and you have a copy of the approval of the new petition.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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