Need Help Regarding H-4 Visa

[amitsonu38]

Hello Everyone,

I am holding H-1B visa which I got in 2009 and got it stamped same year with company 'A'. My visa and I-94 was valid till Sep 2012. In early 2010 I got married and my wife also got her H-4 visa in April 2010 and came to US in June 2010. Her visa and I-94 is also valid till Sep 2012. Last December 2010 I changed my job and joined company 'B'. then USCIS changed my H-1B visa expired date and now it's valid till Mar 2012 but my I-94 is still valid till Sep 2012. Now I am joining new Company 'C' and they are filing for my H-1B transfer and extension as well. they are planning to extend it till 2015 and they are also extending my wife's H-4 visa. she filled I-539 form for this. they started this visa processing last week.

Now my question is that, my wife wants to visit India for 1 month from last week of June to July 2011. I don't think USCIS will finish my visa processing till that time as these days USCIS is taking quite a long to finish visa processing. is it safe for her to visit while my and her visa extension is pending with USCIS?

One more thing she got new passport here in US as her last name got changed after wedding. now she has 2 passport one which has H-4 visa stamp and one which is latest issued from Indian consulate in US. so if she visit India, does she has to go for another visa stamping or not?

Please help me in this case.

Thanks a lot in Advance.

[kabkaba]

She should not travel while her I-539 is pending. You can upgrade your H1 petition to premium and hope that I-539 is also adjudicated concurrently. Otherwise if she has to travel, she should return after you receive your new petition approval notice and show that at the port of entry.

Since her name was changed I will advise her to get a new H4 visa whenever she travels in order to avoid any confusion later.