Travel outside USA during H1/H4 under processing

[Padma199]

Hi,

My husband and I have valid H1B & H4 visa stamp until Dec 1st 2011. Even I94 card on the passport is Dec 1st 2011. Now my husband company is planning to apply for H1B and H4 extensions.

1. My husband on H1B, planning to travel outside US on August 5th and will be back on Aug 28th.

Since he has visa stamp until Dec 1st 2011, he shouldn't have any problem while entering. Now when applying H1b extension laywer will apply using his current XYZ I-94 card. When he enters US he will get new ABC I-94 card. Once H1b is approved, I797 will have the old XYZ I-94 card but with new dates starting from Dec 2nd 2011. Is this problem?

2. I am on H4 also planning to travel end of August and will be back around Nov 1st week or Dec last week.

(a) Once i travel out of US, will my I539/H4 be declined or rejected?

(b) If I come to US by end of December then i will attend visa and get stamped using my husband I797 H1 document. I am not sure what happens if my H4 gets approved while i am in India? Will it have I94 attached to the approved document?

© Once I travel out of US, will my I539 if approved will not have I-94 card attached?

(d) If i come to US by Nov 1st week, if my I539 is not approved by Nov 1st week i will only get new I94 at port of entry until Dec 1st 2011, am i legal to stay beyond Dec 1st 2011 in this case?

Thank you.

-Padma