H-4 Extension in process & Travel

[bhavani9]

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.

-Bhavani

[shervin143]

1. Whether i can travel to India without H-4 extension approval?
>>> Yes. It is advisable to withdraw the H4 extension since you are travelling out and will return with a new I-94 at the POE. Usually when you travel out, then extension of status should get denied. However, in some cases, the extension will go through and you will get a new I-94 which can cause issues in identifying when your status will actually expire (search and read about the last action rule) with multiple I-94s on hand.

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?
>>> Yes. H4 extension is required only when you are inside the country and you want to extend your I-94 (H4 status). When you go out of the country and return back, you will get a new I-94 at the POE based on your husband's approval notice and so the extended H4 petition is not required.

[Subramanya]

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?

---- If it is a urgent matter for you to travel then you should go ahead and travel as per your planned schedule

2. Can i attend H-4 Visa in India at US Consulate with my husbands H1B petition and without my H-4 petition?

---- There is no need for your H4 petition if you are going toa ttend the visa interview for a H4 visa. The valid H1 petition from your husband is sufficient for this purpose. However, ensure that you havae all other documents like employment letter, pay stubs and other documents that you can think of

3. Can i come back without H-4 extension petition, any issue at point of entry?

---- You can come back to the US without the H4 extesnion petition provided you have the H4 visa stamped on your Passport

Subramanya