H1B and H4 extension and travel outside US

[narun26]

Hi guys,

I have a valid VISA till march 2012 and have also applied for extension of my H1B visa but have not got the acknowledgement notice receipt yet. Can I travel to India and return back to US before my visa expiry date?

Also is there any specific date before which one should return back to US before visa expiry?

Please let me know at the earliest as I need to make travel arrangements.

[kabkaba]

That is not recommended. Your extension of status is dependent on your current status (being present in the US). Either travel after extension is approved or if you have to travel, make sure that your return date is after extension is approved. That way you can have extension approval in hand and your new I-94 will be according to extension.
Visa in your passport is just a travel document, if petition has been extended you can enter the US using the same Visa as late as the day of expiry.

[narun26]

H1B and H4 extension and travel outside US

What if my wife needs to travel? She is on H4 and with same Visa expiry date (March end 2012).

Can she visit India in January and then return back by Feb end or March mid before her Visa expires?

[kabkaba]

She can of course do that, but her extension may get denied. That is why it is not recommended.
If your H1 petition is approved before she returns, she can use that and the existing Visa to return and that will be fine.

[narun26]

H1B and H4 extension and travel outside US

I don't understand how can her extension be denied? As she is travelling on a valid VISA and the extension is something on top of the current status which will be in effect only after her VISA expires, isn't it like that?

[kabkaba]

Visa is a travel document. I-94 gives you permission to stay in the US.
Extension application filed by her or on her behalf (I-539) extends her non-immigrant status. Status is determined by the I-94. When one leaves the US there is no status to extend. If she returns before a decision is made, she will get a new I-94 and it is possible that USCIS will check the previous I-94 in their system, see her as departed the US and deny the extension.
Same in your case, if you leave the US while extension is pending, your employer's H1 petition may be approved without I-94 (consular processing). So your work authorization will be extended but your permitted stay in the US will not be extended.