Travel to India one month before H4 expiry

[aditya232]

Hi All,

My wife is on H4-EAD and the H4 is expiring on Sept 14 2017. She has visa stamped for the current H4 (till Sept 14 2017).

She is planning to travel to India and return on Aug 16th 2017. Will there be an issue at POE to enter into USA on current H4 visa while H4 extension is pending?

Thanks in advance for your suggestions.

[pontevecchio]

She can return any day before the H4 visa expires with your H1 petition copy and the I94 for her H4 will be till your H1 petition expiry.

[aditya232]

13 hours ago, pontevecchio said:

She can return any day before the H4 visa expires with your H1 petition copy and the I94 for her H4 will be till your H1 petition expiry.

Thank you pontevecchio.

I have read that "Travel during pending I-539 terminates the application as abandoned"

Is that true ?

[pontevecchio]

In the case of an H4 , there is NO ENTITY called a H4 petition. There can be extensions of H4 status based on the status of the H1 person. Once she leaves she has no status to extend. Hence the pending EOS has no relevance to you or her. When she returns she will use her H4 visa and your H1 petition to come back.

[aditya232]

1 hour ago, pontevecchio said:

In the case of an H4 , there is NO ENTITY called a H4 petition. There can be extensions of H4 status based on the status of the H1 person. Once she leaves she has no status to extend. Hence the pending EOS has no relevance to you or her. When she returns she will use her H4 visa and your H1 petition to come back.

Thanks again. My H1 extension will also be pending when she returns. But I guess that doesn't matter as my current H1 is valid till Sept 14 2017.

[pontevecchio]

Then remember to file her H4 extension once she comes back based on your pending or then approved H1 petition extension.

[aditya232]

25 minutes ago, pontevecchio said:

Then remember to file her H4 extension once she comes back based on your pending or then approved H1 petition extension.

Yes. We will. Thanks a lot for your answers.

[pontevecchio]

Obviously if you get your extension by the time she comes back she can show that and get an I94 till that H1 petition expiry thus avoiding the need to file her extension when she returns.