H-4 Extension in process & Travel

[radhika9]

Hi,
My husbands H1B is approved through premium processing and valid until next year Dec 2011.

My current H-4 petition & Visa valid: until Dec 1st 2010
H-4 Extension is in process (ordinary processing) and receipt notice is Oct 4th 2010

I need to travel India URGENTLY and need to leave on Nov 15th and return on Dec 15th 2010.

Can you please clarify the below questions:
1. Whether i can travel to India without H-4 extension approval?
2. Can i attend H-4 Visa in India at US Consulate with my husbands H1B petition and without my H-4 petition?
3. Can i come back without H-4 extension petition, any issue at point of entry?

Thanks in advance.

 

[ginnu]

Hi,
My husbands H1B is approved through premium processing and valid until next year Dec 2011.

My current H-4 petition & Visa valid: until Dec 1st 2010

H-4 Extension is in process (ordinary processing) and receipt notice is Oct 4th 2010

I need to travel India URGENTLY and need to leave on Nov 15th and return on Dec 15th 2010.
------------- your H1 visa will expire when you enter on Dec15th 2010 it means you need to get H4 visa stamp to enter US after Dec 15th 2010

Can you please clarify the below questions:
1. Whether i can travel to India without H-4 extension approval?
-------------- You can. for entry to India you dont need H1 or H4 visa .
2. Can i attend H-4 Visa in India at US Consulate with my husbands H1B petition and without my H-4 petition?
------------------ Yes
3. Can i come back without H-4 extension petition, any issue at point of entry?
---------------- You will apply H4 Visa at US consulate based on your spouse H1 and you dont need H4 extension petition Keep the H4 extension filing reciept and show only if asked by consulate.
Thanks in advance.

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[radhika9]

Thank you for the prompt reply, information is very useful.

When i travel to India, will my current H-4 petition which is under processing will be canceled automatically? or do i need to call USCIS to withdrawn the petition to avoid duplicate issuance of I-94?

Thank you

 

[ginnu]

Thank you for the prompt reply, information is very useful.

When i travel to India, will my current H-4 petition which is under processing will be canceled automatically?
--------------Extension is not canceled automatically but pending Change of status gets canceled if one goes out if COS is pending .
or do i need to call USCIS to withdrawn the petition to avoid duplicate issuance of I-94?
------------------ you don't need to do anything. when you get H4 visa stamp it will be valid till your spouse H1 approval validity and White I-94 that you get at POE will also be till your spouse H1 validity or your H4 stamp validity.Even if USCIS approve your H4 extension before you go out the I-94 will be till your spouse H1 validity.

Thank you

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