Travel Outside US while I539 Extension of Stay is pending

[grajgopal]

Hello,

Here is my spouse's scenario.

1.  Valid H4 I797 and visa stamp on passport till Jun 2019

2. I94 expired on Aug 13th 2017

3. I94 extension application ( I539) filed on Jun 22, 2017 and is still pending.

Will there be any issues if she travels out of US (to India), while her I94 extension application is in progress. We want to know what happens if,

1. Her i94 (I539) extension application gets approved, while she is outside of us.

2. Her i94 (i539) extension application stays pending and she tries to return back to US.

Appreciate any insights as I could not find this scenario anywhere as most issues are related to H4 extension pending (expired I797 or visa stamp)

 

Thank you,

-Raj

 

 

 

 

 

 

[pontevecchio]

H4 extensions are status extensions. Once she leaves there is no status to extend.

Once she leaves the H4 extension is academic.

She will return with her H4 visa and your latest H1 petition approval and her I94 will be till your latest petition approval.

[grajgopal]

Thanks much for ur quick reply. Just to be clear this means

1. we do not have to be too concerned with going ahead with her travel plan this month.  

2. Also, If there is no status to extend once she leaves US, will the period that she stayed beyond Aug 13 going to be considered illegal? 

3. Is it false that her h4 will automatically be considered as void and she will have to go to visa intrerview again if she goes out of country now.

 

Thanks again and really appreciate your help.

 

Raj

 

[grajgopal]

Received a reply from my attorney today and she mentioned that my wife should be able to go to India and come back without any problems. She will have to carry her H4 I797, Passport, my I797 and finally I539 extension receipt to be able to explain for gap between Aug13th I94 expiration date and her stay till Sep20th. 

Thanks pontevecchio for your quick reply as your reply eased some nerves before my attorney finally confirmed that its all going to be ok. 

 

Raj

 

  

[pontevecchio]

Even if she was out of status for 37 days and she was not, the H4 visa is merely a function of the integrity of your H1. Good for you.