H4 Ext Denied can we travel back to US with valid visa

[SagarMarada]

Hi ,

we travelled to India due to family emergency, we have applied for extension of H1 and H4 in July and H1 got approved immediately, today we got notified as H4 dependents travelled out of US and visa extension is denied. We have reserved tickets already to travel back tomorrow as we have stamped visa until oct 16 , exactly one month left. We have H1 valid visa I-797 until oct 2026 alsofor my husband. Pls let me know if we H4 dependents can travel with existing visa status ? Do we get rejected @ port of entry as we have only valid visa until oct 16th.

[newacct]

Yes, the H4 dependents can enter the US on their unexpired H4 visa and the H1b worker's latest H1b petition approval, and the H4 dependents should be admitted until the expiration date of the H1b petition.

[Zodiac System]

H4 extension was deemed abandoned when you left the country.  (you are lucky that your H1 got approved).

If you have H4 stamped visa until October 16, I think you and your spouse should be able to travel.  At the Port of immigration, show the new H1b extension original approval notice to the officer, who will then give you and your spouse an I-94 with the new expiry date.

Make sure that the passports have enough validity (more than one year), to accomodate an extended I-94 date.

Good Luck.