H4 visa query

[adorableabhinav]

Hello Forum,

 

I (husband) am working in USA. My H1B is expired and my employer has filed extension for me. My wife is on H4 and her H4 extension is filed too. I am expecting decision on my petition in next 2 months. My wife is planning a vacation to India, My question is

 

1) Do I need to wait for decision before her travel ?

2) In case she leave without having approved petition in hand, is it okay for her to travel back to USA once I my petition is approved.

 

Please advise. Thanks

Abhinav

[pontevecchio]

Spend 1250 USD and ask the employer to convert to PP or ask your wife to postpone her trip till you have a H1 petition extension.

[luck2u]

@adorableabhinav: If an applicant leave the United States when his/her extension is in process, the process gets abandon. The process will not move forward.

 

 

@Experts: Correct me if I'm wrong.

[pontevecchio]

H4 is merely a  status and different from H1. Even were her H4 extension to be granted she would still need
 

1. A current H4 visa

2. An approved H1 petition for her spouse

 

 

   in order to return.  Hence stating that the extension will be denied is superfluous. In fact as of now extensions are not affected by travel though a COS is deemed denied in case of travel. To actually answer the 2 original questions

 

 

1.NO

 

2. Yes. The point is her extension petition for H4 is irrelevant. She can come back with a H4 visa and the H1 petition approval you are waiting for.