H1B Extension applied - Query on Dependent Travel

[avi1983jit]

My H1B Extension has been applied at beginning of September along with the Dependent H4 Visa Extension for my spouse. Both have received the USCIS Receipt Notice as well few weeks back. Due to some medical issue of my father-in-law; my wife might need to travel back to India sometime in November. Just wanted to know, whether she can travel back to India with her H4 Extension, NOT being impacted? Will the H4 application be Void-ed, if she leaves US? Or the application would remain intact and she has to complete the Stamping only while returning back to US along with me (I will travel to India, once I receive the H1B approved petition copy)? Please let me know.

[shervin143]

If she leaves then the H4 extension will be denied. But if she is planning to return back only after your H1B petition gets approved, then it is okay to travel now. She will need a valid H4 visa to return. By showing your extended H1B approval notice at the POE, she will get an I-94 matching your petition expiry date.

[avi1983jit]

Do I need to pay again?

If she leaves then the H4 extension will be denied. But if she is planning to return back only after your H1B petition gets approved, then it is okay to travel now. She will need a valid H4 visa to return. By showing your extended H1B approval notice at the POE, she will get an I-94 matching your petition expiry date.

Thanks for your response. One more thing to know; for the following - "By showing your extended H1B approval notice at the POE, she will get an I-94 matching your petition expiry date.", do I need to pay again for her? As I have already paid $290 at time of H4 Extension.

[raghvi]

Thanks for your response. One more thing to know; for the following - "By showing your extended H1B approval notice at the POE, she will get an I-94 matching your petition expiry date.", do I need to pay again for her? As I have already paid $290 at time of H4 Extension.

She needs a new visa to enter US so yes you have to pay to get her that visa.

This is my opinion not legal advice.

[shervin143]

Not required. The $290 you paid is for her H4 extension (meaning, to get a new extended I-94). Since she is leaving the country, that is of no use. Now, upon returning back, she will get a new I-94 at the POE by showing your extended H1B approval notice (Like the way she got her 1st H4 I-94 when she came to U.S). You do not need to pay anything additional. But she will need a valid H4 visa to re-enter. If she won't have one at the time of re-enter, then she will need to apply and get a new H4 visa based on your extended H1B approval notice. She need to pay the visa fee. If she already have a valid H4 visa, then she can use that to re-enter.

Thanks for your response. One more thing to know; for the following - "By showing your extended H1B approval notice at the POE, she will get an I-94 matching your petition expiry date.", do I need to pay again for her? As I have already paid $290 at time of H4 Extension.