H4 extension under processing since 6 months and travel to India (H1 approved though)

[lv2013]

Hi,

 

My H4 visa extension is under processing for over 6 months now. Based on the processing timelines, it does not look like I will get approval before 5/2016 when I intend to travel to India for 3 weeks. My current I-94 and H4 visa expired on 9/24/2015. Extension was applied a month before expiry.

 

My spouse's H1 extension has been approved under premium processing. We all will go for visa stamping in India.

 

I have the following questions:

 

1) When I travel to India with H4 extension still in process, I read that H4 extension would be abandoned. Will it cause issues with my visa stamping in India at the US Consulate?

 

2) Will my period of stay from the I-94 expiry 9/24/2015 thru May 2016 be considered illegal if the H4 extension would be abandoned when I travel to India?

 

Please advise.

 

Thanks,

Smruti

[pontevecchio]

1. No

2. No

 

There would seem to be no problem.

[solprovider]

'Administrative processing'

[pontevecchio]

Again I say no issues .

[RanjithNelanti]

Hi lv2013,

I am in exactly same situation right now. 

My wife went to india last month while her H4 extension is pending from the last 4 months. Though i have approved 797 for 3 years.

But she got administrative processing for no reason. It's been 3 weeks and no update yet.

I strongly suggest you to go after you H4 extension approval but still it just depends on or luck i believe.

 

ALL THE BEST

[pontevecchio]

H4 extension approval is NOT A REQUIREMENT for getting a H4 visa. . Things like TAL etc. may be the reason. It is not luck. Unfortunately the firm Lawyers conveniently tend to ignore such matters.