H4 visa extension

[ratheeshkumarv]

Hi

I have applied for my wife's H4 visa extension on nov1 through vermont center and the status is still pending. As we are planning for India trip and renew our visa, does it have any impact or problem for the renew of H4 visa as the I539 for my wife's visa is still under process here.

your reply is highly appreciated
-RK

 

[manwithnoname]

Yes it will have an impact - I would strongly suggest against travelling till the H-4 extension (with new I-94) is approved.

 

[DMX]

What are the issues that someome may face? I guess the Last Action Rule comes into play here.

I mean if someone gets an H4 stamp and enters using the stamp and spouse's H1 I-797 , he/she will get an I-94 at the POE with the same date as the I-797 (the husband and wife will have the same dates on I-94).

If the extension comes through AFTER he/she is in the U.S., based on last action rule his/her new I-94 (the one that comes with the extension after it is approved) will deterime the date of legal status. If the extension comes through while this person is outside the U.S., the I-94 that one gets at POE upon entry usiing H4 stamp and I-797 (H1) will determine the status.

I guess the key is to be aware of the Last Action Rule and travel keeping things in mind. Travel is allowed while an extension is pending. Travel just complicates things a bit.

I may be missing something here. I am not sure.

It will nice of the OP to provide details about H1 and H4 validity and whether the H1 extension, if applied, has been approved or not.