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Dependents travel back on H4 expiry

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  • Dependents travel back on H4 expiry

    Hello,

    My dependents had H4 VISA till 8 May 2012. They got I94 till 17 May 2012. Meanwhile my company has applied for H4 extension on 8 May 2012. They haven't received the reciept yet.
    I have got H1B VISA extension till 2014.

    My dependents need to travel back urgently on 25 May 2012. Can they travel back without any receipt ?. Do they need to wait till they get receipt no ?.

    with regards
    Thyagaraja R

  • #2
    Extension of status is meaningless once they leave the US. They can return with your latest H1 approval notice and obtain I-94 according to that anyway. They will of course have to obtain H4 Visas based on your H1 approval while abroad.

    There is one problem though. Their I-94's have expired and if they leave while extension is being processed, the extension may get denied. If that happens, their stay after I-94 expiry and departure from US will be illegal. (18th to 25th, 7 days). Such short illegal stay mostly will not affect any future applications. Also, it is possible that USCIS will still approve their extension.
    This is my opinion and not legal advice.

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