Can my spouse travel while H4 extension is in progress

[sundar14]

Here's the situation:

H4 visa expiry: May 2016

Extension to be applied in December 2016

Spouse needs to be in India for at least 3 months (family reasons) - Dec 2015-Feb 2016

 

Questions: 

a. Can my spouse travel while her H4 renewal is in progress?

b. When she comes back by end of Feb/early march, her H4 extension may have been approved by then (with a renewed I94) but her passport visa stamp will still validity for May 2016 only. Per the 'last action rule' will her H4 extension be voided and her new I-94 be granted only until May 2016?

 

Any advise you can share would be of great help!

 

Thanks, Sundar

[jairichi]

1. No issue.

2. When she enters US on H4 she needs a copy of your I797. Based on that she will get her I94.

 

Why are you applying for H4 extension when she is leaving in December?

[pontevecchio]

Just file her H4 status extension after she returns from India.

[sundar14]

Thank you both for your responses. It sounds like we may be better off applying her H4 after she comes back in February.

 

Question for Jairichi:

1. Re your response to #2 :  "When she enters US on H4 she needs a copy of your I797. Based on that she will get her I94".

2. Will she need to carry her original renewed H4 petition (which has a renewed I94) while she is traveling back?

 

Thanks Sundar

[jairichi]

Thank you both for your responses. It sounds like we may be better off applying her H4 after she comes back in February.

 

Question for Jairichi:

1. Re your response to #2 :  "When she enters US on H4 she needs a copy of your I797. Based on that she will get her I94".

2. Will she need to carry her original renewed H4 petition (which has a renewed I94) while she is traveling back?

 

Thanks Sundar

Your I797 matters. So, provide your spouse with a copy of that.

[pontevecchio]

Her H4 status extension document is totally irrelevant to coming back. She will be allowed to enter with a H4 VISA and your approved H1 petition.