pritha1910 Posted August 24, 2018 Report Share Posted August 24, 2018 My H1B-I94 is valid till June 2019. However my spouse's H4-I94 has expired on June 2018. A H4 extension (I539) petition was filed on March 2018 for her which is currently pending with USCIS and we are awaiting a response. Now my question is: 1. Can my spouse travel to India and get her passport stamped with H4 visa based on my H1B I797 Approval notice and then enter US again? 2. I understand that if she leaves USA now while her H4 extension is pending her extension petition will be void. In that case will the number of days she stayed in US since June 2018 (her H4-I94 validity date) be considered as an illegal stay ? If Yes, will it be an issue to get her passport stamped with H4 visa based on my H1B approval notice ? Link to comment
pontevecchio Posted August 24, 2018 Report Share Posted August 24, 2018 1. Yes. 2. No, It will not. Link to comment
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