H4 dependents travel during H1B extension, which is pending

[RituJay]

Hi,
My H1-b visa is expiring today. I have applied for my extension and my dependents as well but the decision is pending with USCIS. My wife wants to travel to India next month. Can she travel to India during this time when the extension is not approved?
Plan is to send her to india and once my extension is approved i can send the petition documents to her so that she can get the stamping done and travel back to US. Is this possible ?

Regards,
Jaymin

[kabkaba]

There are complications involved.

First of all, she will not be able to return to US without a valid petition. If her Visa has also expired, she will need a valid H1 petition to renew it.

Secondly, if she leaves the US before her extension is adjudicated, there is a possibility that her extension will get denied. In that case, her stay in the US after I-94 expiry up to her departure will be illegal. It can affect her future visits to the US.