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URGENT ISSUE PLS RESPOND: Travel to India while H4 status(I-539) is pending.

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  • URGENT ISSUE PLS RESPOND: Travel to India while H4 status(I-539) is pending.

    My Husband's H1B got expired on 30'SEP, 2008 with company A, before H1 B's expiration only, he got his H1 B extension from Company B till 2011.


    My H4 Visa, I-94 expiration has been given based on my husband's H1 B of Company A. (i.e., till SEP 30 2008). Before H4 is getting expired we applied for H4-extension separately on 10-SEP 2008. We got the EAC receipt number which still shows that the case is received and pending...

    Now that we are planning to travel India in Feb 2009.

    1) Can I travel to India while the case is pending...If yes, do I need to wait in India till I get my H4 approval from USCIS?

    or

    2) Can I go for a fresh stamping for H4 visa in India with my husband's I-797 approval of Company B? Will there be any problem of getting my H4 Visa stamping?

    3) My Husband is willing to get his H1 extension stamping in Mexico or Canada or in India(Last Preferrence), can I join with him for my H4 extension though my H4 extension is pending with USCIS?

    4) If any other suggestions, please advise us ASAP.

    Thanks in Advance and we appreciate your help.

    Regards,
    Isha.

  • #2
    My Husband's H1B got expired on 30'SEP, 2008 with company A, before H1 B's expiration only, he got his H1 B extension from Company B till 2011.


    My H4 Visa, I-94 expiration has been given based on my husband's H1 B of Company A. (i.e., till SEP 30 2008). Before H4 is getting expired we applied for H4-extension separately on 10-SEP 2008. We got the EAC receipt number which still shows that the case is received and pending...

    Now that we are planning to travel India in Feb 2009.

    1) Can I travel to India while the case is pending...If yes, do I need to wait in India till I get my H4 approval from USCIS?

    or

    2) Can I go for a fresh stamping for H4 visa in India with my husband's I-797 approval of Company B? Will there be any problem of getting my H4 Visa stamping?

    3) My Husband is willing to get his H1 extension stamping in Mexico or Canada or in India(Last Preferrence), can I join with him for my H4 extension though my H4 extension is pending with USCIS?

    4) If any other suggestions, please advise us ASAP.

    ---- The H1 visa stamp on your husband's passport is not a criteria for you to get a H4 visa on your Passport

    ---- The approved I-797 for H1 is the important document that needs to be presented at the US Consulate for H4 stamp

    ---- There is no need for you to wait for H4 petition to be approved while you are in the US.

    ---- Your Husband can get his H1 visa stamped in Canada/Mexico but that is subject to the rules prevalent in Canada/Mexico. If he has a US degree it is easier for them to verify the academic credentials and issue a visa. Else they may redirect him to your home country

    Subramanya

    Comment


    • #3
      Thanks a lot for the response.

      My only concern was that whether I would get my H4 stamping without any issues? As I am travelling to India while I-539 is pending...
      Last edited by Ishasriram; 01-14-2009, 03:34 PM.

      Comment


      • #4
        Hi Isha,

        Yes..you can get ur H4 Stamping done if u travel to India while I-539 is pending.
        Provided that u show/take/ all the documents required for ur H4 and documents related to ur husband's H1. Please refer Immihelp List for docs.

        Thanks,
        Abhay

        Comment


        • #5
          thanks a lot !!

          Comment


          • #6
            Can I travel to India when my H4 is under extension?

            Hello!

            My husband's H1B visa expires in October 2010. He has a US degree and has been holding a valid H1B since 2003. His green card is under process with approved I-140. He will be extending his H1B visa for 3 years. Subsequently, my H4 will also be extended. I am planning to travel to India without my husband in November-December 2010 and return by February-March 2011. I would like to know the following

            (a) Can I travel when my H4 is under extension/processing? Will it pose to be a problem?
            (b) Will I be detained or not allowed to travel back to US since my H4 is pending?
            (b) Since my husband will not be with me, can I get my H4 stamping in India without him?

            Please help!!!!

            Thanks

            VSV

            Comment


            • #7
              As you will be going in Nov 2010, and your h4 will be expired in Oct 2010, while going there will be not a problem. But when you are coming back, you need your h4 extension approved.
              Also, as u will be back in Feb2011, h4 visa on your passport also, will be expired. So, you need to go for stamping. It is fine that you are going for stamping without him - subject to : with all valid docs and approved extensions.


              [Note:- I am sharing my views, contact your attorney for the best advice]
              Originally posted by vsvcbe View Post
              Hello!

              My husband's H1B visa expires in October 2010. He has a US degree and has been holding a valid H1B since 2003. His green card is under process with approved I-140. He will be extending his H1B visa for 3 years. Subsequently, my H4 will also be extended. I am planning to travel to India without my husband in November-December 2010 and return by February-March 2011. I would like to know the following

              (a) Can I travel when my H4 is under extension/processing? Will it pose to be a problem?
              (b) Will I be detained or not allowed to travel back to US since my H4 is pending?
              (b) Since my husband will not be with me, can I get my H4 stamping in India without him?

              Please help!!!!

              Thanks

              VSV

              Comment

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