URGENT: Visa validity if you leave country while extension application is pending

[himkriti2009]

Hi All,

I am working on H-1B visa in the US. My wife has a valid H-4 visa stamped on her passport, and the visa expires on Jan 04, 2010. We have filed for visa extensions with the USCIS and our extension applications are pending (we have the receipt notice).

My wife had to urgently leave for India on 28th Nov, 2009. Now, we want her to come back to the US before Jan 04, 2010 but have the following questions in mind:

1) Since she left the country while her extension application was pending, will the stamped visa on her passport (valid till Jan 04, 2010) still be considered valid?

2) Since she has left the country while her extension application was pending, will we have to file another application for extension of stay once she is back in the US?

Will really appreciate any feedback in the regard.

Thanks in advance,
Himkriti

[shervin143]

See below.

Hi All,

I am working on H-1B visa in the US. My wife has a valid H-4 visa stamped on her passport, and the visa expires on Jan 04, 2010. We have filed for visa extensions with the USCIS and our extension applications are pending (we have the receipt notice).

My wife had to urgently leave for India on 28th Nov, 2009. Now, we want her to come back to the US before Jan 04, 2010 but have the following questions in mind:

1) Since she left the country while her extension application was pending, will the stamped visa on her passport (valid till Jan 04, 2010) still be considered valid?
>>>>> Yes, provided she returns back before Jan 4th 2010.

2) Since she has left the country while her extension application was pending, will we have to file another application for extension of stay once she is back in the US?
>>>>> You need to file for extension only if she doesn't get an extended I-94. Say your H1B petition is valid till December 2011. Then by showing your approval notice at the POE, she should be able to get an extended I-94 till December 2011. But for any given reason, if she gets an I-94 only till 4th January 2010 (during her re-entry), then you will need to file for her extension of stay (H4 status) before the current I-94 expires.

Will really appreciate any feedback in the regard.

Thanks in advance,
Himkriti