Wife's H-4 status


deepznaidu

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Hi All,

 

My wife's H-4/I-94 has expired on January 30, 2015.

I applied for her H-4 extension on September 12, 2014.

Her application is still under process in the Vermont processing center.

 

Now the thing is, she has to travel to India on March 9, 2015 and her extension is still under process.

 

My concern is whether she can travel to India even though her H-4 extension is under process and we waiting for the approval?

 

My H1-B application is valid upto January 2016...so she can get her visa stamped in India under my petition.

But my concern is that she will be travelling outside the country after her I-94 has expired and she is waiting for her extension approval to come through...will this create an issue for her like being "OUT OF STATUS" ???

 

-Deepesh

 

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She is legal while the extension is pending, up to 240 days.

She can travel just fine. The application then would get denied, because she is outside the country, and doesn't have any status to extend anymore. She can just go to a consulate and get a new H4 visa.

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