Leaving USA before H1B/H4 visa renewal extension is approved

sma15

Registered Users (C)
Hi Gurus,

I had applied for my H1B/H4 visa renewal extension, process is still pending with uscis.

1: is it legal when H4 person whose visa renewal is in process is underway to leave USA?
2: What if the H4 person is outside USA, when the visa renewal application is approved. Can the H1B applicant send the approved I-797 and H4 holder can go to consulate for visa stamping, Are there any issues in the process.

Would appreciate feedback from gurus.

Thanks,
sma
 
Hi Gurus,

I had applied for my H1B/H4 visa renewal extension, process is still pending with uscis.

1: is it legal when H4 person whose visa renewal is in process is underway to leave USA?
2: What if the H4 person is outside USA, when the visa renewal application is approved. Can the H1B applicant send the approved I-797 and H4 holder can go to consulate for visa stamping, Are there any issues in the process.

Would appreciate feedback from gurus.

Thanks,
sma

Till what date is your I-94 valid
Till what date is Visa stamp valid (H1 and H4)
When you plan to go out when you want to enter US
When was H1 and H4 extensions filed?
One can go out if extensions are pending but the best option is to go after H1 extension approval or upgrade it with premium processing and go out once H1 extension is in hand.
 
Till what date is your I-94 valid
Ans:H4 visa I-94 Valid:eek:ct31, 2007

Till what date is Visa stamp valid (H1 and H4)
Ans:Oct31, 2007

When you plan to go out when you want to enter US
Ans:plan to go end of July, does not plan on returning before oct31,2007
If she returns after oct31,2007 is there any issues with new visa stamping, which was approved when she left the country?

When was H1 and H4 extensions filed?
Ans:June 2007

One can go out if extensions are pending but the best option is to go after H1extension approval or upgrade it with premium processing and go out once H1 extension is in hand.

Thanks for your feedback.
 
Till what date is your I-94 valid
Ans:H4 visa I-94 Valid:eek:ct31, 2007

Till what date is Visa stamp valid (H1 and H4)
Ans:Oct31, 2007

When you plan to go out when you want to enter US
Ans:plan to go end of July, does not plan on returning before oct31,2007
If she returns after oct31,2007 is there any issues with new visa stamping, which was approved when she left the country?
---------------------not a problem , you and your spouse H1 and H4 extensions should be sent to you once approved and then get H1 and H4 visa stamping then enter with valid H1 or H1 visa stamps. take all the paper needed for H1 stamping. problem is only if H1 extension is rejected, if you plan to go out end of July why not to upgrade with Premium processing so that you get H1, H4 approval in hand before you go out.


When was H1 and H4 extensions filed?
Ans:June 2007
--------------may be approved in September/Oct
One can go out if extensions are pending but the best option is to go after H1extension approval or upgrade it with premium processing and go out once H1 extension is in hand.

Thanks for your feedback.
-----------------
 
Last edited by a moderator:
I have the same question

I plan to leave US in July or August and apply visa stamping in August or early September.

My H1B will expire on Oct, 31
The extension was filed in May, check cleared on May 21, but no receipt

May I go back without receipt/approval notice and get stamping? It would be only a month left for H1B when I apply H1B stamping?

Thanks a lot!
 
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