I-539 Dependent (H4) Extension of Stay- Question

[kalahas]

Dear All

I am on H1B since Feb 2014 and my son has a valid dependent H4 visa stamped until Sep 1, 2016.

He entered US on may 2014 and got I-94 only until Mar 1, 2015 as his passport was expiring on mar 1, 2015

I applied and got his new passport here and filed I-539- Extension of Stay on Dec,2014. I got EAC no ( Vermont Center) on Dec 29, 2014.

 

Until now there is no update or movement on his extension in USCIS website. I get the standard notification that receipt has been sent to me.

My question is below:

I am planning for an India visit in July 2015 for a month
During re-entry into USA will my son have a problem as his Extension of Stay application is still pending with USCIS? And his current I-94 expired on Mar 1, 2015

He does have a valid visa until sep 2016.

Please advise if anyone had a similar issue.

 

Thanks

 

[jairichi]

Once your son travel abroad his EOS petition is considered abandoned. With the valid H4 visa he can return to US with other supporting documents.