Can we travel while H4 is still in process

[Needy172149]

My H1 extension is applied on OCT 1^st 2015 and my wife’s H4 is applied on OCT 30^th 2015 as she was in India during that time. Now she is back, both our cases are in pending state.

I am planning to expidite my H1 process, as H1 and H4 are not applied together, heard that premium processing of H1 would not impact H4 processing.  

 

We are planning to go to India in FEB 2^nd week, by that time I would get the approval as I am doing premium processing. But H4 will still be in pending state.

Will it be safe to travel to India as my wife’s petition is still under process even my H1 is approved?

 

Thank you,

Needy

[jairichi]

Your spouse needs  valid H4 visa and a copy of your I797 to enter US.

[pontevecchio]

1. Premium processing should involve both and the lawyer will take care of it if you inform him that H4 is also in the picture.

2. H4 is not a petition. Every time she leaves the country and returns she will return on the H4 visa and your H1 petition approval.