Travel To India while H4 extension is in Process

[ari3001jit]

My wife(H4) and me(H1B) have a I-94 valid till 27-Feb-2019...She is planning to travel to India Oct 2018 and planning to come back around mid Feb 2019 . My employer might file a extension(both H1B and H4) around Nov 2018.

1> Would her I-94 status and entry in US in Feb 2019 be affected, due to the extension filing in Nov 2018(I am assuming approval wouldn't come in 3 months) ?

2> Is there any alternative like filing her extension later?

[scientist2016]

My wife(H4) and me(H1B) have a I-94 valid till 27-Feb-2019...She is planning to travel to India Oct 2018 and planning to come back around mid Feb 2019 . My employer might file a extension(both H1B and H4) around Nov 2018.

1> Would her I-94 status and entry in US in Feb 2019 be affected, due to the extension filing in Nov 2018(I am assuming approval wouldn't come in 3 months) ?

2> Is there any alternative like filing her extension later?

I94 determines the period of legal stay for that particular visit only. Once your wife leaves the US her current I94 has no bearing. During her next entry she is given a new I94.

[ari3001jit]

I94 determines the period of legal stay for that particular visit only. Once your wife leaves the US her current I94 has no bearing. During her next entry she is given a new I94.

That doesn't answer my questions completely. Still have the below important things open:

1> Would her entry in US in Feb 2019 be affected, due to the extension filing in Nov 2018(I am assuming approval wouldn't come in 3 months) ?

2> Is there any alternative like filing her extension later in case the answer to 1 is yes?

[scientist2016]

That doesn't answer my questions completely. Still have the below important things open:

1> Would her entry in US in Feb 2019 be affected, due to the extension filing in Nov 2018(I am assuming approval wouldn't come in 3 months) ?

2> Is there any alternative like filing her extension later in case the answer to 1 is yes?

1. She can always enter if she has a valid visa stamp, and a valid basis for her to enter viz., your I765 is valid.
2. You can always file her extension in February. Your extension petition and her extension petition are not related i.e., they can be filed independently.

[ari3001jit]

1. She can always enter if she has a valid visa stamp, and a valid basis for her to enter viz., your I765 is valid.
2. You can always file her extension in February. Your extension petition and her extension petition are not related i.e., they can be filed independently.

Ok thanks for answering those...but have a question on the 1st point you said - in case my H1B extension is applied for in Nov 2018, does her old visa stamp stay valid in Feb 2019(till her extension is applied for) ? In other words, does my extension application impact her old visa ?