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H1B travelling outside while H4 spouse stays in USA with pending H4 extention

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  • H1B travelling outside while H4 spouse stays in USA with pending H4 extention

    Hi,
    I (H1B approved petition holder) am planning to travel to India from USA. But, my spouse still does not have approved H4, it is in pending. I actually recently changed companies, due to which H1B was transferred and H4 was refiled.

    We had Approved H1B and H4 both before making the switch to new company till Dec 2022. But now my H1B is approved till 2024 and my wife's H4 is pending.

    Can I travel to India, will her status remain valid?

  • #2
    I believe H4 will not get impacted as long as stays within US.

    Comment


    • #3
      Hi,
      You can travel to India and get the visa stamped with H1B Transfer approval documents..
      I believe, she will be in the USA and she will not going along with you. If this is the case, No issues of staying in the USA with the help of pending H4 petition. Pending H4 petition will not affect your stamping Interview nor your stamping process will not impact H4 pending petition.
      If you both can able to travel and get visa stamped, that is really good option instead of waiting for H4 petition status. Once you both got visa stamped, you can withdraw H4 petition too.
      All the best.
      Thanks

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