H4- can i go for stamping in India

[sairam2011may]

Hi,
My husband is on H1B Visa and his visa got expired in 2009, but he has I-797 and I-94 till may 2013. He actually applied for H1 B extension in feb 2011 and got approved in april 2011, we applied for my H4 B extension along with his H1 B, but didn't get that till now and Uscis told us to wait for 60 days to get the status. Now i want to go to India(my husband won't be coming with me). Can i go now without getting that and can i go for stamping in inida for H4 B without my husband? Are there any problems If I go for stamping ?Please suggest.

[kabkaba]

When does your latest I-94 expire? Was your extension received by USCIS before I-94 expiry?

[sairam2011may]

Hi ,

My Visa and I-94 expired on July lastweek . We haven't received our exetension and still it is pending. How long I can stay in US after I-94 Expired. Do they consider I-94 expiry or Exentsion applied in Feb. Please reply.

Thanks,
Sairam

[kabkaba]

Was your extension application received by USCIS before your I-94 expired? How long ago was it filed? It generally takes 2 to 3 months from the filing date to get the decision.

It is not recommended that you travel when your I-94 has expired and extension pending. If you leave the US, the extension may get denied and the period between I-94 date and departure date will be considered as illegal.

[sairam2011may]

H4 extension pending- can i travel to india

My H4 extension was applied along with my husband's H1 extension in Feb 2011. We got receipts at that time only for both of our applications. My I-94 was expired on July 31 st 2011. In august when we called up Uscis they asked us to wait for 60 more days. Got an email n mail from them telling us to wait for 60 days. We even called them in July before my I-94 was expired, they told previous files r being processed(who applied before) and asked us to check back again in few weeks.

Thanks,
sairam

[kabkaba]

It is not recommended that you travel when your I-94 has expired and extension pending. If you leave the US, the extension may get denied and the period between I-94 date and departure date will be considered as illegal.

[sairam2011may]

H4 extension pending- can i travel to india

Thank you sir. I got my H4 approval today till 2013. My husband's visa got expired in 2009. Now can i go to india for stamping based on my husban's I- 797 and I-93( valid till 2013)?

[kabkaba]

Yes, you can travel now. Submit all your I-94's to the airline when you leave the US. (Staple them together). Apply for H4 Visa using your husband's approval notice and return with the new Visa and husband's approval notice.