Travel to India

[Aarav27]

Hello,

I am working on a H1B visa (visa stamp from previous employer is valid till December 31, 2021).
My wife is on H4 visa (visa stamp valid till December 31, 2021).
We have a six months old son (US citizen).

H1B visa extension (I-797) was filed by my new employer and got it approved till July 2024.
However, my wife is still waiting on H4 visa approval which is pending since July this year.

I am planning to travel to India in November, 2021 with my family and returning in mid December 2021.

My questions are below:

1) We will be returning to US in mid December and visa stamp will be expiring on December 31, 2021 which is right after two weeks, am I still eligible to enter US without any issues?
2) In case we don't get my wife's H4 visa extension approval (with new employer) which is still pending since July this year, is it still ok to travel?
3) Do we need NIE document? I heard that since we are a parent of US citizen child, we are exempt from NIE.

Thanks.

[Zodiac System]

1) You should be able to return to US mid December without any issues.  Hope your passport has validity beyond July 2024, in order to get I-94 stamp until July 2024 at port of entry.

2) If wife's H4 is still under process in November, 2021 and she leaves the country, the H4 will be deemed to be abandoned.  She will have to try for a H4 visa on her way back to US.  Hopefully her passport too has validity beyond July 2024.

3) Parents of US citizen children are exempt from NIE.  Carry your child's birth certificate and passport with you.  Good Luck.

[Aarav27]

Thanks for replying back.

Per your reply for #2) If my wife doesn't try to get H4 visa (extension from new employer) on her way back to US, can she still enter US on existing visa stamp (from previous employer) which is valid till December 31, 2021? 

[pontevecchio]

Her H4 status extension is irrelevant to returning from travel abroad. In all such cases, one needs a valid H4 visa STAMP and your H1 approval to return.

[Aarav27]

Thanks.

For US citizen kid, can he travel on E-visa/Emergency visa or OCI is required?