H1 Visa Extention is in processing and my wife needs to travel india

[yoginirakhe]

Hi,

This is Yogini and I am having few questions regarding H1.

My Husband's h1b extension is in processing status and I am on H4 right now.However.my husband have not applied for my h4 extension as I have to travel to India.Can I travel? Are there any issue if I travel back to US and mu husband's H1 B extension get approved or not ?

[shervin143]

You can travel. However, it is advisable to return back after the H1B extension gets approved. You will anyhow need a valid H4 visa and a valid H1B petition when you return back. By showing the extended H1B petition, you can get a new I-94 that matches the same expiry date as the extended petition. If you travel with the old (unexpired) H1B petition, then the I-94 will be issued only till that expiry date and you will end up having to file the H4 extension based on the extended H1B petition.

[kabkaba]

To add to the above, I assume your I-94 has not expired, otherwise you will have illegal stay issues. You must leave before I-94 date.

[yoginirakhe]

Thank you for your information on this but I would to add few more points to get clarity on this :

My I-94 has not expired.it is valid till 17th Sept 2012 and I need to go to india in August 11 and have to return back in Sept last week as I have Approved H1 valid from October 11.And My Husband's H1b Extension is under processing.So I have few questions about it :

1. Can I travel during this period on H4 Visa?
2. Is there any problem if my husband's H1B extension gets approved before my return ?
3. If his Extension get approved,do I need to carry his latest H1b petition paper (Does he need to send his latest petition papers to me by scan/fax/mail?)
4.or will it be fine if I carry his old H1b petition papers?
5. Is there any problem if my husband's extension is still in Processing status when I am returning back ?

Thanks a lot again for your advice.

[kabkaba]

Are you planning to not use the H1 to work? Are you going to apply for your own H1 Visa while you are abroad?

[yoginirakhe]

I have H1 but it just got approved and planning to use it after coming back i.e. from 1st October 11 for work

[kabkaba]

In that case you are inviting complications by traveling. Was the H1 approved as change of status, meaning did the approval notice have an I-94 at the bottom? You can only work when you have an H1 I-94.
When you leave the US now, if you want to start working from Oct 1, you will need to get H1 Visa and return with that H1 Visa. If you return with H4 I-94, it is not known if the previously approved change of status stands or not. I have read equally authentic views suggesting both. That leaves you with status confusion.
My advice is to get an H1 Visa while you are abroad and return with that Visa to get a new H1 I-94. The return date should be on or after last week of September.