Travel Assistance

[Vasanth M]

Hi, 

I have valid H1 & my dependents have H4 valid stamped visa until 5th August 2021. My company applied for our extension and my petition is approved, awaiting for my dependents case. Due to family emergencies have to go to India and return in a month (April 2021). Is it OK to travel or dependents case will create any issues. Please advise. 

[AbsurdObservant]

Even if you come back without a new stamping & the visa shows your 5th Aug 2021 expiry (in April), the processing of a H4 case will not likely have a bearing on your re-entry because if you enter in April you would have a valid visa stamped on your passport which is valid till August. I am no attorney & this is just a personal opinion.....the worse case scenario is that your I94 may be issued till your August 2021 expiry date and not include the extension!

[newacct]

There is no problem. Their Extension of Stay applications will automatically be abandoned when they leave the US, because it is no longer needed -- when outside the US they have no status to extend anymore. When they seek to re-enter the US again, they will be entering on the basis of their visa (which will still be valid) and your H1b petition (which has already been approved).