Extension of H4 Visa

[neha123]

My visa is expiring in sep. But i intend to goto India in Nov. My concern was if I apply for h4 extension here in US and my visa application is pending can I goto India? Will my visa application be processed.

[txh1b]

You can go. But return with a new visa stamp based on your husband's extension of H1b. There is nothing to extend if one leaves the country in terms on I-94.

[neha123]

Thanks for your reply. I guess I have put in wrong way. My ques was . If I file I 539 form to extend my visa through USCIS.Can I go on pending application. I am not filing from India. Is there any restriction on leaving US on pending visa application.

[txh1b]

No restrictions to leave but extension can get denied as the person cannot be extended without a valid I-94. If you leave after the I-94 expires while the H4 is pending, this denial might be construed as overstay.

Bottomline, very safe to leave if your I-94 is still valid. As a pending extension period is considered period of authorized stay, even a denial would be not proactively applied but apply from the date of denial only.

You should be fine even if a I-94 expires but you are taking chances. Talk to an attorney for better clarity on the issue and post back on the forum as to what they say.