Urgent Advice needed on H1b expiration and travel

[USA_Akshi]

Hello, 

 

My fiance is currently on H1b and his visa is expiring on 31st July, He has already applied extension through his employer and we intend to get married by mid June. 

Will there be a problem if he comes  before his visa expiration to India and goes back by June end ?

Since i will be travelling on dependent visa along with him, will this affect me as well?

 

What should we do in case it is not feasible. Suggestions are welcome.

[pontevecchio]

You will both get I94,s till his H1 petition expiration. You will have to apply for extending your H4 status based on his approved or pending extension. Tell him to pay the USD for Premium Processing so that you have no problems.

[rambobu]

your dependent visa will be valid only for the period for which his current petition is valid. other than that I don't see an issue entering the US with a valid visa. it may be advisable to carry the receipt notice, for just in case situation.

[USA_Akshi]

I have heard that it is not advisable to travel outside of USA when H1B extension is pending approval. Also, he will only be applying for my H4 status once we get extension approval.

Will premium processing help the case?

[pontevecchio]

Yes, if the employer will agree. Your fiancé can pay for PP if he chooses as that is allowed. No, Travel does not affect an extension. It affects COS.