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H4 Expiring Soon;Extension Filed, Travel Options?

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  • H4 Expiring Soon;Extension Filed, Travel Options?

    Hello All,
    My wife's H-4 will be expiring mid-Nov, my attorney has filed for an extension but since it's only the H-4 application the decision might come in 3-4 months. My questions;


    1) We currently do not have any plans to travel but if need be can she travel to India after the current visa expires and we are still waiting for the decision to come?


    2) If yes would her stay after visa expiration be termed illegal?


    3) If she can travel, to come back to US do we need to first cancel her extension application and go to the US embassy for stamping or can we use the drop-box facility?



    Thanks!
    F12H1

  • #2
    Any advise?


    Thanks,
    F12H1

    Comment


    • #3
      1) We currently do not have any plans to travel but if need be can she travel to India after the current visa expires and we are still waiting for the decision to come?
      >>> Nope. There are plenty of posts that explains why you should not when the extension is in progress.

      2) If yes would her stay after visa expiration be termed illegal?
      >>> If she travels before the approval, then YES.

      3) If she can travel, to come back to US do we need to first cancel her extension application and go to the US embassy for stamping or can we use the drop-box facility?
      >>> No need to withdraw the extension. Need a valid visa stamped to re-enter U.S. Check the below link to see if you are eligible for IWP.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment

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