amkrishna posted a topic in Travel While AOS Pending - H1B VisaI have recentely filed AOS - EAD/AP for myself and my wife, we are still waiting for the receipt notice. My H1 visa expired end of OCt 2020, and new I-797 has been approved and valid till 2023. My wife's H4 vis expired end of Oct 2020, but the extention is still pending. My wife need to travel to india urgently for family reasons. We want to know if it is fine for her to travel out of country now with pending AOS. On murthy.com I found this regarding travel for H1/H4 and want to clarify if that applies to US : " Historically, Policy for Travel with Pending I-485 also Applied to Travel with Pending I-131 Generally, if an applicant for adjustment of status (form I-485) departs the U.S. while the application is still pending, the I-485 is considered abandoned and is denied. However, if the I-485 applicant is in valid L-1, L-2, H1B, H-4, K-3, K-4, or V nonimmigrant status, and remains eligible for that status upon returning to the U.S., the I-485 application is not considered to be abandoned" Question: Given my wife's H4 visa expired and the extension is still not approved, is she considered to be in "Valid H4" status ?
Hi converted from F1 to H1 last year and had to make an emergency travel to india. With new exception below, will i be able to get an appointment for visa stamping. I work as consultant to a financial firm. I have been with same employer and same client since my h1 lottery pick and approval. Appreciate any help and info on this. Thanks "Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause financial hardship. Consular officers can refer to Part II, Question 2 of the approved Form I-129 to determine if the applicant is continuing in “previously approved employment without change with the same employer.”