I-94 expired for H4 visa. Need to travel to India.

[jcs]

Hi All,

I-94 and Visa both got expired on Sep 30 2013 for both of us(Me and my Spouse). Now I am in the situation to travel to India. I-94 extension has been filed (not Visa extension)for my spouse and we received the Case number for my spouse. It will take another 3-4 months. My question here is:

1. Do we need to file I-94 extension for me also separately? or It depends upon my spouse I-94? someone please explain the process.

2. Does any problem occurs when I travel to India? If yes, what kind of trouble I can expect. One thing I am sure is that I can't travel via Europe. So I am planning to take another route.

3. Or will I face any problem when I travel back to US later?

Thanks in advance.

[jcs]

Somebody please help me ...

[raghvi]

Somebody please help me ...

You do realize that you are illegal and out of status as neither you have a valid I-94 nor a pending extension request.

1. Yes you also need an I539 filed for your extension too.But as you are planning to leave US I don't see any point at this juncture.
2. Yes some Euro countries need a valid US visa for transit.
3. You do realize that you need to attend fresh visa stamping and get a new visa stamped in order to return. You pretty much have to wait till the spouse's petition is approved. And once it is approved, then book the appointment and attend visa stamping.

This is my opinion not legal advice.