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Urgent: Travelling while h4 extension is pending and I94 expired

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  • Urgent: Travelling while h4 extension is pending and I94 expired

    Hi,

    My I94 expired on Dec 7th 2017 and extension is filed by my employer in september 2017. Case is still pending with USCIS.

    My wife needs to travel on medical emergency this week Jan 2018. I know that extension will be invalid if she left US.

    1) Is it fine if she gets stamping done after my h1b approval?
    2)Will she accumulate illegal/out of status stay for December and January?
    3)Will there be any problems during Visa stamping or during re-entry?
    4)Any risks for my H1b extension?

    Please suggest.

    Thanks.

  • #2
    Originally posted by Abdshak View Post
    Hi,

    My I94 expired on Dec 7th 2017 and extension is filed by my employer in september 2017. Case is still pending with USCIS.

    My wife needs to travel on medical emergency this week Jan 2018. I know that extension will be invalid if she left US.

    1) Is it fine if she gets stamping done after my h1b approval?
    2)Will she accumulate illegal/out of status stay for December and January?
    3)Will there be any problems during Visa stamping or during re-entry?
    4)Any risks for my H1b extension?

    Please suggest.

    Thanks.
    1. yes
    2. "illegal/out of status stay" is not a well-defined term. She will not accrue "unlawful presence".
    3. shouldn't
    4. no

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

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    • #3
      Thank you for the reply.

      Comment

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