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RFE for H4 Pending, Can I travel to India

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  • RFE for H4 Pending, Can I travel to India

    Hi,

    We (my husband, me and my son) have valid I94 till may-2010

    Applied H1 extension in ( Premium category, for my husband) along with I539 for me and my son in First Week of Dec-09. My husband's H1 extention got approved within 10 days without any issue.

    Unfortunately RFE for me and my son (we both are in H4), requesting to show evidence of maintaining legal status in US. We provided required details to USCIS in first week of Jan-2010, and these documents received to USCIS

    We all have to travel to india end of Jan-2010, to attend marriage ceremony, which is kind of unavoidable and we will be returning back to US on end of march-2010.

    My questions are:

    1. Is it legal for me and my son to travel to india along with my husband, as our I539 is in pending status?

    2. Is our I539 will be considered under premium category ? (since my husband H1 is done in premium category), should we expect response within 15 days?

    3. Since our previous I94# is valid till may-2010, is it ok to travel now and come back before it expires(although we have to go for stamping).


    Please suggest, Appreciate all your help with more suggestions please.

    Thank You.

  • #2
    Answers below.

    Originally posted by rajani_kammili View Post
    Hi,

    We (my husband, me and my son) have valid I94 till may-2010

    Applied H1 extension in ( Premium category, for my husband) along with I539 for me and my son in First Week of Dec-09. My husband's H1 extention got approved within 10 days without any issue.

    Unfortunately RFE for me and my son (we both are in H4), requesting to show evidence of maintaining legal status in US. We provided required details to USCIS in first week of Jan-2010, and these documents received to USCIS

    We all have to travel to india end of Jan-2010, to attend marriage ceremony, which is kind of unavoidable and we will be returning back to US on end of march-2010.

    My questions are:

    1. Is it legal for me and my son to travel to india along with my husband, as our I539 is in pending status?
    >>> Yes. Your extension may get denied if you travel out of the country, which is okay since you will be getting a new I-94 at the POE upon return.

    2. Is our I539 will be considered under premium category ? (since my husband H1 is done in premium category), should we expect response within 15 days?
    >>> No.

    3. Since our previous I94# is valid till may-2010, is it ok to travel now and come back before it expires(although we have to go for stamping).
    >>> You will need to return your I-94 at the airport before leaving the country. You have two options

    1) Return back before your visas gets expired. Most of the time, you will be getting a new I-94 until the expiry of the primary H1B petition. In case you get an I-94 only till your visa expiry (May 2010), then you need to file for the extension immediately upon returning back.

    2) Get your dependent Visas stamped until expiry date of the primary H1B petition and return bcak with the new visa which will get you a extended I-94 till the H1b petition expiry.


    Please suggest, Appreciate all your help with more suggestions please.

    Thank You.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for your help and suggestions.

      Comment

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