Travel while H4 is pending

[sandeeptosh]

Hello Experts,

My Employer have filed new H1B and H4 for my spouse. I will not move out of country till my H1 gets approved, but can my spouse travel while H4 is pending? She needs to travel for some emergency. My plan was: let her go outside country and wait at home country till H1 and H4 gets approved. Once that is approved, I will send her documents so she can stamp the visa and come back. Can anyone please advise if that will work? Or she is not allowed to travel till H4 gets approved?

Request your advise.

[kabkaba]

It is okay if she does not plan to return until the H1 gets approved. Her H4 extension is meaningless once she leaves the US anyway. Has her current I-94 expired?

[sandeeptosh]

No her current I-94 has not expired yet. Also, this is not extension, this is new H1B. Currently I am on L1 and she is on L2. My current employer has now filled new H1B for me and H4 for her. Please advise.

[kabkaba]

No difference.
She can leave, submit her I-94 to the airline and after your H1 is approved, she can use that to obtain H4 Visa and return.