Need Help on Travelling to India while I539 is still pending

[Jeff]

Hi,

My wife and daughter is on H4 dependent Visa currently in USA and their I94 expired on Sept 30 206. H4 extension is filed and USCIS has received the case on September 19 and her application is in process in Vermont Service Center. My H1B extension was approved on Oct 25th after it was upgraded to premium, but the i-539 for the dependents is pending. 

We are planning to visit India  in couple of weeks. My questions are 

1. if they travel to india without approved i539, will the stay after the i94 expiry considered illegal ?

2. Can they return to US after the Visa stamping in India with my H1 extension approval notice?

Thanks.

 

[pontevecchio]

1. Absolutely not.

2. Yes, Of course.