H4 \ I-539 extension in progress... can my wife travel after i94 expired ?


madhu86

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Hi:-

 

My H1b extension was filed when i was a bachelor and it is still under "case received status" which means it is pending for approval. My wife's H4 visa extension was filed separately and this also not approved yet.

 

right now both of our visa is expired and we are in US under the 240 days rule where we can stay legally in US. we have a urgent need that my wife need to travel to India.

 

can she travel out of US and return back to US safely after both of our visa extension got approved ?? will US authorities allow her back to US when she returns from India after sometime when both of our visa gets approved??

 

I read many forums where i can see conflicting statements like if my wife travels out of US, her I 539 gets abandoned and there will be legal issues when she returns US since her I 94 was expired by the time she left US though she can stay in US for 240 days when her extension is filed. Some forums say that she can leave anytime as her visa is dependent on my visa and she need to go to stamping in India once my H1b extension gets approved.she can travel safely to US after stamping is done. will she face any problem during stamping ??

 

I am not going to travel to India and decided to stay back in US till my extension gets approved. I am confused in the case where her travel may affect her extension and dont know what legal issues it may cause.  Please guide us.

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Yes. She can travel safely. But she needs your extension approval to get a H4 visa if she has none and to return. Convert to PP.

 

what happens to her existing 1-539 \ h4 extension? will it get abandoned if she travels after i 94 expiry while her extension in process? 

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