visiting India after applying for h4 visa extention

[MeghanaReddy]

My husband( H1B) and me( H4 ) applied for visa extension in jan. My old i94 is upto Feb .
1. Can I go to India before Feb?
2. Can I go to India after Feb ?
3. Does my India trip causes any RFE for my husaband's H1B extension?
4. If I go to India now, do I need to wait for my husband's H1 visa extension approval to return back to USA?

[shervin143]

1. Can I go to India before Feb?
>>> Yes.

2. Can I go to India after Feb ?
>>> Not advisable to travel after the I-94 expiry date until the H4 approval. When you leave the country, extension of stay can get denied and the time that you have spend in U.S after your I-94 expiry date until you leave U.S will be treated as illegal stay.

3. Does my India trip causes any RFE for my husaband's H1B extension?
>>> No.

4. If I go to India now, do I need to wait for my husband's H1 visa extension approval to return back to USA?
>>> Yes.

[MeghanaReddy]

Thanks for the reply shervin143...
approximately how long it may take to get extension approval ?

[shervin143]

2-3 months from the receipt date provided there are no RFEs issued.

approximately how long it may take to get extension approval ?

[Poonamhm]

My H4 Visa expires in sep and so does my I-94. We applied for Visa extension in jan and not yet received. So my Question is :

1 Can i Still travel to Ind now(in April)
2 If I do does it mean i am abandoning my application for visa extension ?

Regards,
Poonamhm

[shervin143]

1 Can i Still travel to Ind now(in April)
>>> For an I-94 that was expiring in September 2012, why was the extension filed in January 2012? You can file the extension only 6 montsh prior to the I-94 expiry date.

2 If I do does it mean i am abandoning my application for visa extension ?
>>> Yes. Since your I-94 is still valid, you can write an letter to USCIS stating that you like to withdraw the extension. Leave the country and return back on a valid H4 visa and your spouse's valid H1B petition. You will get an I-94 until the expiry date of the primary H1B holder's approval notice (I-797) and there is o need to file the extension.

[Poonamhm]

Thanks a lot for your quick respone.

My huband's employer applied for extension on 10th Jan'12. I got the reciept too. I don't know why they applied so early. Would it effect the extension process by any means?

Would I be able to get H-4 based on my husband's H1B even if I abandon my current H-4 extension?