Return to USA on H4 while H1 Extn under progress ?

[nandu2]

Hello -  My husband's H1B and my H4 visa expires on Sept 30 2016. i.e right now we both have approx 5.5 months on our visa. H1B extension (I140 approved) for my husband has been filed via Premium Processing today. It does not cover H4 extension as I am in India. We are positive that the H1B extn should get approved within 3 weeks. However I (H4 spouse), am scheduled to return to USA from India next week (i.e before husband's extension is approved) but with my visa showing expiry on Sept 30th. Due to personal reasons, I need to return to USA immediately instead of postponing my travel till after his H1B approval comes through.

 

My query is

 

1. Can I travel based on existing visa (Sept 30 2016 expiry) although my husband's extension H1B is in progress OR may be approved with a new date ?

2. Does my husband's renewed H1B visa make my H4 visa automatically invalid for travel even though right now my current H4 visa has 5.5 months left ? 

2. Can I continue to stay in U.S after his H1B extension is approved - I expect to either file for H4 extension in USA or transfer to H1 myself in next 2-3 months.

3. I expect to have an H1B filed for me in the U.S in the next 2 months - will that filing get affected as a result of having less than 6 months on my current H4 visa ?

 

Please advise.

[pontevecchio]

1. You can travel based on your visa and the current H1 petition of your spouse.

2. NO

3. YES

4. NO

 

Are you referring to a H1 not subject to cap?