H4 Application in progress in US - Making an India visit

[maybeanoop]

I am on H1B visa since May 25th (transferred from OPT). We have applied for my wife's H4 visa early may. We have just recieved H4 visa reciept confirmation by USCIS (but case is still in progress).

Now, My wife wants to make a month long trip to India. I am wondering if it would be at all possible to take the trip and go for stamping with confirmed H4 (if H4 gets completed) or without confirmed H4 (if application is still in progress) in India. would it create any issues if my wife travels while her petition is in progress? Would it create problems when she goes for stamping in India?

[shervin143]

Not advisable to travel when the petition is pending with USCIS. However, if she travels, she can get the visa stamped based on your approved H1B petition. On her return she will get a new I-94 at the POE. If the extension goes through, then she will get another I-94 with the H4 approval. In which case, there will be issues with two I-94's. The last received I-94 will take precedence.