Travelling outside while H4 extension is in progress

[sjain]

My spouse is having valid H4 visa till 30-Mar-2014 , recently my company filed H1 and H4 extension for me and my wife respectively. However my wife had to travel back to India due to a family emergency.

 

1). Can she come back on the current H4 visa which is valid till 30-Mar-2013 ?

 

2). My company says as dependent has traveled outside of US while H4 extension is in progress , the H4 extension petition will become null and void (abandoned) and extension will thus be denied. Is this correct ?

 

3). If the extension is denied due to this reason , can I file a new extension petition again with the new I94 , once she is back in US and how good are the chances it will get approved this time ?

 

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[jairichi]

My spouse is having valid H4 visa till 30-Mar-2014 , recently my company filed H1 and H4 extension for me and my wife respectively. However my wife had to travel back to India due to a family emergency.

 

1). Can she come back on the current H4 visa which is valid till 30-Mar-2013 ?

 

2). My company says as dependent has traveled outside of US while H4 extension is in progress , the H4 extension petition will become null and void (abandoned) and extension will thus be denied. Is this correct ?

 

3). If the extension is denied due to this reason , can I file a new extension petition again with the new I94 , once she is back in US and how good are the chances it will get approved this time ?

 

Request your answer to this query 

1. Yes.

2. Yes.

3. Yes, you can.