H4 stamping while H1B extension is in process


Keerti10

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Hi,

I am on H1B visa right now and it is valid till September 6, 2017. I will complete 3 years on H1B in September. My H1B extension is in process. 

Because of some personal reason I am going to India and come back on H4 and will apply for H4-EAD(my husband's I-140 is approved)

my question are:

1) Once I get my H4 stamped and come back to US, should I ask my Employer to withdraw my extension application?

2) If my employer withdraws the extension application, Can I use the remaining 3 years on H1B in future. Will this be Cap Exempt or it will go in lottery again?

3) If I apply for H4-EAD from here in USA once I get H4 visa, can I travel to India when my H4-EAD is in process?  

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On 6/14/2017 at 11:33 AM, Keerti10 said:

Hi,

I am on H1B visa right now and it is valid till September 6, 2017. I will complete 3 years on H1B in September. My H1B extension is in process. 

Because of some personal reason I am going to India and come back on H4 and will apply for H4-EAD(my husband's I-140 is approved)

my question are:

1) Once I get my H4 stamped and come back to US, should I ask my Employer to withdraw my extension application?

2) If my employer withdraws the extension application, Can I use the remaining 3 years on H1B in future. Will this be Cap Exempt or it will go in lottery again?

3) If I apply for H4-EAD from here in USA once I get H4 visa, can I travel to India when my H4-EAD is in process?  

1. Yes, you can ask him anytime to do that.

2. Yes, you will be cap-exempt.

3. No. Always safe to be inside US until approval for initial H-4 EAD.

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