Travel to India while H4 extension pending & current H4 expired


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Hello everyone, Please help me with below information

I am currently working on H1B VISA and my wife is on dependent VISA H4.My H1B expired on Oct 14 2011. (Date on I-94 is Oct 14th 2011 and Stamping on passport is till Oct 14th 2011)

Dependent:(Wife) H4 expired on Oct 14 2011. (Date on I-94 is Oct 14th 2011 and Stamping on passport is till Oct 14th 2011)

I have applied for H1 extension and received RFE.

H1 extension (Premium) & H4 extension under process and in status "Request for Evidence"

My wife has to travel to India immediately for Family emergency. ( I will not be travelling)

Can my wife (dependent H4 visa) travel to India while my H1 and her H4 is still under process?

Please advise.

Thank you


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Yes. But she will need your extension approval and then the H4 visa to return.

Thanks a lot for reply. She is planning to stay for couple of months in India. She will go for stamping before returning.

Just wanted to check if she is eligible to travel to India when H4 extension is pending.

Thanks again

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She can but, if uscis were to approve your h1, you will recieve I-94 and NOT she, she will NOT be able to return unless she gets stamping done.... So weigh in the risks

Thanks for the reply.

She is planning to stay in India till her H4 approval is done and get it stamped before return.

Thank you

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Dude 2 ppl are saying the same thing and you want others to reply... Why waste time on forums man if you cant believe the same thing 2 ppl are saying....

Talk to your attorney and stop wasting ppla time here

Sorry Chitown. When I posted " Can some one reply" there were no answers yet. I think the posts go through approval process. Thats were the disconnect is. I would not have posted otherwise.

Thanks for the reply you were helpful.

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  • 2 years later...



Thank you for maintaing this forum. This helps!!


Can anyone please confirm whether the above still holds good for 2014. I have just applied for extension (both H1 and H4) but my spouse need to travel to India immediately due to emergency. and won't be able to return before visa/I94 expires in September 2014. Will there be any problem if leaving US while the extension in process. What do we need to do additionally for return.


Thanks and regards

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