H4 travelling when H1-b transfer is pending and 1-539 filed for h4

[anuvrat]

Hi,

Had this question. I have h1 transfer case which is in pending status. My wife 1-539 has already been filed along with h1 transfer. My wife is travelling for 2 months to India and according to lawyers my approval will come by march. Will she be having problems while returning if I don't get approval for hq transfer by that time? In case my h1 transfer gets approved, she needs to get a updated visa? Will her I-539 we denied. If h4 extension gets denied and reapplied after she comes back.. will it affect the decision that previously she abandoned the h4 application extension?

Thanks

[shervin143]

If she leaves now, then she should return back after your H1B gets approved. By showing your new H1B approval notice, she will get an I-94 matching the expiry date of your I-797 and there is no need to file I-539 again. I-539 is filed to get an extended I-94. She will be getting the I-94 at the POE based on your extended petition and that is why it is not required to file het H4 extension again.

[kabkaba]

To add to the above, if H4 Visa in her passport has expired at the time of return, she will have to obtain a new H4 Visa using your new approval notice. If the old Visa is valid on the day of return, she can use the old Visa and new approval notice to travel to US.