Urgent: Travel to India and back to US

[narun26]

My wife and I are currently staying in St Louis, MO and our Visa will expire
on 31-Mar-2012. I am on H1-B and my wife is on H2. My wife is planning to go
to India somewhere in January 2012. What is the latest date by when she can
enter US from India without any problem. Also please let me know what all
documents she must carry along with her while returning back to India.

Please let me know at the earliest.

[shervin143]

She can return back anytime before her visa expires. However, there are chances that the I-94 can be issued only till her visa expiry date even if you have an extended H1B petition. In that case, an H4 extension need to be filed immediately and you will need time to prepare the documents. I-539 for extended the H4 status should reach USCIS before the I-94 expiry date. USCIS recommends that you file the extension at least 45 days prior to the I-94 expiry date. So do the math and plan accordingly.

[narun26]

Urgent: Travel to India and back to US

Thanks for letting me know.

My company would be filing for extension for both of us somwhere in Feb or March 2012. So I think she should not have any problem. Moreover I have already applied for Visa extension for both of us. Also to correct my wife is on H4 and not H2 (that was a typo error).

So to summarize, if I have already filed for extension then I can travel outside US and return back to US before the VISA expiry date, correct?