Hi
I got the approval for H1b after PP request but decision on H4 extension is still pending. We have travel plans to India in 11/2018. I-94 for dependents expired in 09/2018. Per my understanding once we leave the US, pending I-539 will become invalid and their stay (wife & son) will be considered as "Overstay" or "Un-lawful" presence from 09/2018-11/2018 (almost 55 days). We have to go for VISA stamping and later we have to file I-485 also. My concerns are:
1. How this overstay will impact the VISA stamping and approval in New Delhi
2. How this overstay will impact our future I-485 filing
3. What documents I should carry along with I-539 notice received in 05/2018
Please share your experience or provide any guidance as we have to visit for some family issues and cant reschedule this visit.
Thank you in advance.
I got the approval for H1b after PP request but decision on H4 extension is still pending. We have travel plans to India in 11/2018. I-94 for dependents expired in 09/2018. Per my understanding once we leave the US, pending I-539 will become invalid and their stay (wife & son) will be considered as "Overstay" or "Un-lawful" presence from 09/2018-11/2018 (almost 55 days). We have to go for VISA stamping and later we have to file I-485 also. My concerns are:
1. How this overstay will impact the VISA stamping and approval in New Delhi
2. How this overstay will impact our future I-485 filing
3. What documents I should carry along with I-539 notice received in 05/2018
Please share your experience or provide any guidance as we have to visit for some family issues and cant reschedule this visit.
Thank you in advance.
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