Travel during H1B/H4 Extension period - 2016/17

[sree012014]

Hello All,

Need your inputs on my below situation

1)  Our Present H4 & H1B visas are valid till Jan 2017.

2)  Our H1B/H4 extension (till Jan 2020) is under process in premium processing  and my spouse (H4 Dependent) may have to travel to India on family emergency. She does not have the luxury to wait for H1B/H4 extension is approved. Will there will be any problem if she travel now.

3.  Can she travel now i.e. October 2016 & enter US before Jan 2017 without going to Visa Stamping again in India.

3.  Our H1B/H4 extensions are expected to be approved by the 4th week of October 2016. If we get the approval, can she enter US with I-94 valid till Jan 2020 without going to visa stamping in India ? I mean by showing my new I-797 approval at Port of Entry or Does she need to go for visa stamping in India with my new I-797 (work authorization) and has to enter US again. 

Request you to advise at the earliest. 

Thanks,

Sree

[pontevecchio]

She does not need to wait for H4 EOS approval. She can leave and return on her current visa and your latest H1 approval which you expect in the 4th week of October. She can of course get her visa renewed based on the approved H1 extension expected in October.

[biodallas]

If she comes back before the Visa stamp expires, she should be fine