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visiting india after appying for h4 extension

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  • visiting india after appying for h4 extension

    My husband( H1B) and me( H4 ) applied for visa extension Mar 29th 2012. My current i94 is upto July 31st 2012.
    1. i came from india on Mar 18th 2012 after my visa got stamped upto July 31st 2012. can i go india for my sister's marriage from Apr 10th 2012 to Apr 23rd 2012 (is there any problem if i go this much early?)?
    2. Was i need submit the i-94 before leaving india for 2 weeks or not(i have valid i-94 till July 31st 2012)?
    3. is there any problem at immigration to enter into the USA?
    4. Does my India trip causes any denied for my husaband's H1B extension?
    5. If I go to India now come back by 23rd july 2012, do I need to wait for my husband's H1 visa extension approval to return back to USA?

  • #2
    1. i came from india on Mar 18th 2012 after my visa got stamped upto July 31st 2012. can i go india for my sister's marriage from Apr 10th 2012 to Apr 23rd 2012 (is there any problem if i go this much early?)?
    >>> It is not advisable to leave the country when the extension is in progress. If you leave, the H4 extension will get denied. If you had to leave, then return back only after your spouse's H1B extension gets approved.

    2. Was i need submit the i-94 before leaving india for 2 weeks or not(i have valid i-94 till July 31st 2012)?
    >>> Yes, you need to return all your I-94s when you leave. Otherwise proper exit entries will not be recorded against those I-94 that are at your possession and it will cause issues in the future.

    3. is there any problem at immigration to enter into the USA?
    >>> Not if you return back after the H1B extension gets approved and you carry the I-797 of your spouse.

    4. Does my India trip causes any denied for my husaband's H1B extension?
    >>> No. If you are the only one leaving, then only your extension will get denied.

    5. If I go to India now come back by 23rd july 2012, do I need to wait for my husband's H1 visa extension approval to return back to USA?
    >>> Yes. Otherwise, withdraw the existing H4 application and efile the extension again when you return back. If you enter with your husband's old petition, you will get the I-94 only till the old petition expiry date. Another option is to upgrade the H1B extension to premium and get the result within 15 days. By showing the latest approval notice, you will get an extended I-94 upon your return and no need to file the extension.
    Not a legal advice. Use of this information is strictly at your own risk.

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