H-4 visa expires in October 2010. Can I travel to India in June-July 2010??

[vsvcbe]

Hello!

My husband's H1B visa expires in October 2010. He has a US degree and has been holding a valid H1B since 2003. His green card is under process with approved I-140. He will be extending his H1B visa for 3 years. Subsequently, my H4 will also be extended. I am planning to travel to India due to personal emergency without my husband in June-July 2010. I would like to know the following

(a) Can I travel when my H4 is under extension/processing? Will it pose to be a problem?
(b) Will I be detained or not allowed to travel back to US since my H4 is pending?
(b) Since my husband will not be with me, can I get my H4 stamping in India without him?

Please help!!

Thanks!!!!!

VSV

V

[shervin143]

(a) Can I travel when my H4 is under extension/processing? Will it pose to be a problem?
>>> Not advisable to travel when the extension is filed and pending with USCIS. Travelling out may get the extension denied. Extension of stay si applicable only when the person is inside U.S.

(b) Will I be detained or not allowed to travel back to US since my H4 is pending?
>>> There is no such issues. But you need to show a valid I-797 approval notice of your husband at the POE. The validity of your I-94 will depend on that petition or your visa expiry date. If you travle back with his old (assuming the existing petition is still valid) approval notice, then the I-94 that you get will have lesser validity (You will need to file the extension again). When you return back you will get a new I-94 at the POE. But your extension goes through successfully, then you will get another I-94 with the extension and the last received I-94 takes precedence. In order to avoid all these complications, it is advisable not to travel when the extension is in progress.

If you have to travel, the return back only after your husband's extension is approved. That way, by showing the latest approval notice, you can get an extended I-94. Allso, if you had to go for visa stamping, the extended petition will give you an extended visa.

(b) Since my husband will not be with me, can I get my H4 stamping in India without him?
>>> That should not be a problem.