Can one go to India if H4 extension is pending?

[suhass]

Hi

I am on H1 visa and my wife is on H4. Both our visa's have expired and the extension applications have been filed with the USCIS. Due to some mistake in dates in the applications USCIS sent an RFE to which our lawyers have responded.

Now I had already bought tickets to India for my wife and son. I am going to stay in the US till the extension approvals arrive. I will later go to India and then we both will go to US consulate for stamping.

Is it OK to send them before the H1/H4 extension are approved or should we wait till the approval.

Help please.

Thanks

 

[subramanya]

Visa Issues

Hi

I am on H1 visa and my wife is on H4. Both our visa's have expired and the extension applications have been filed with the USCIS. Due to some mistake in dates in the applications USCIS sent an RFE to which our lawyers have responded.

Now I had already bought tickets to India for my wife and son. I am going to stay in the US till the extension approvals arrive. I will later go to India and then we both will go to US consulate for stamping.

Is it OK to send them before the H1/H4 extension are approved or should we wait till the approval.

---- It is not a problem at all. In fact if you are getting your visa stamped in India dn then returning to US, this is the safest way as you will have a vis while entering US

Subramanya

 

[ginnu]

Hi

I am on H1 visa and my wife is on H4.
Both our visa's have expired and the extension applications have been filed with the USCIS.
------------ it means H4 holder and your I-94 also has expired
Due to some mistake in dates in the applications USCIS sent an RFE to which our lawyers have responded.

Now I had already bought tickets to India for my wife and son. I am going to stay in the US till the extension approvals arrive. I will later go to India and then we both will go to US consulate for stamping.

Is it OK to send them before the H1/H4 extension are approved or should we wait till the approval.
-------------- you can send the H4 holders out if I-94 is not expired more than 180 days. keep the copy of expired I-94 (front and back) as they need to give I-94 at airline counter when they depart US and that record will go to USCIS records. when go for H4 stamping better keep H4 filing reciepts and show to consulate officer ONLY if asked.


Help please.

Thanks