URGENT ISSUE PLS RESPOND: Travel to India while H4 status(I-539) is pending.

I

Ishasriram

New Member
My Husband's H1B got expired on 30'SEP, 2008 with company A, before H1 B's expiration only, he got his H1 B extension from Company B till 2011.


My H4 Visa, I-94 expiration has been given based on my husband's H1 B of Company A. (i.e., till SEP 30 2008). Before H4 is getting expired we applied for H4-extension separately on 10-SEP 2008. We got the EAC receipt number which still shows that the case is received and pending...

Now that we are planning to travel India in Feb 2009.

1) Can I travel to India while the case is pending...If yes, do I need to wait in India till I get my H4 approval from USCIS?

or

2) Can I go for a fresh stamping for H4 visa in India with my husband's I-797 approval of Company B? Will there be any problem of getting my H4 Visa stamping?

3) My Husband is willing to get his H1 extension stamping in Mexico or Canada or in India(Last Preferrence), can I join with him for my H4 extension though my H4 extension is pending with USCIS?

4) If any other suggestions, please advise us ASAP.

Thanks in Advance and we appreciate your help.

Regards,
Isha.
 
Ishasriram said:
My Husband's H1B got expired on 30'SEP, 2008 with company A, before H1 B's expiration only, he got his H1 B extension from Company B till 2011.
-----------------He is OK

My H4 Visa, I-94 expiration has been given based on my husband's H1 B of Company A. (i.e., till SEP 30 2008). Before H4 is getting expired we applied for H4-extension separately on 10-SEP 2008. We got the EAC receipt number which still shows that the case is received and pending...
-----------------------that is OK
Now that we are planning to travel India in Feb 2009.

1) Can I travel to India while the case is pending...If yes, do I need to wait in India till I get my H4 approval from USCIS?
----------------------- you CAN go to India. keep the H4 extension filing reciept with you can Copy of your expired I-94 (front and back) then get H4 visa stamp based on your spouse H1 status and enter US on H4 status. Show the H4 extension reciept only if asked by US consulate.
or

2) Can I go for a fresh stamping for H4 visa in India with my husband's I-797 approval of Company B? Will there be any problem of getting my H4 Visa stamping?
------------------------Yes, get H4 visa stamp.
3) My Husband is willing to get his H1 extension stamping in Mexico or Canada or in India(Last Preferrence), can I join with him for my H4 extension though my H4 extension is pending with USCIS?
----------------------- Yes you can get H4 stamp with him. (keep the H4 extension filing reciept with you)
4) If any other suggestions, please advise us ASAP.

Thanks in Advance and we appreciate your help.

Regards,
Isha.
Click to expand...
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Hi,

My question is to Administrator,please help me on that.
My wife is on H1 but not working now.We want to apply for herand my son's H4.

Her employer told her that he is not able to give her project because of current market.

1.In above case can I file her H4 here or in India.
1.1 If I file her H4 here and USCIS asked current payslip she don't have now.
2.Our son is dependent on her right now.
3.Can my wife and son's stay is legal in US.


Please help me on this.
Thanks in advance.
 
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