Emergency Travel to India while L2 dependent extension is approved

[anijadhav]

Please help me in following situation:

My father-in-law is not doing well and thus my wife is flying to India on 10-Feb-13 and returning on 20-MAR-2013 in united states. I need your help in figuring out does my wife need stamping while entering into USA even when earlier VISA is valid while returning back to USA? Her I539 has approved on 5-Feb. Please advice

Here are the VISA dates for my & my wife:

For ME:

VISA Expiry date: 24-MAR-2013
I-94 Expiry Date: 24-MAR-2013

Applied for L1A VISA Conversion (i.e. I129 ) earlier last year and on 5-Feb-2013 the petition has approved.

Current Status on USCIS site: -

Post Decision Activity
On February 5, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice.

FOR MY WIFE:

VISA Expiry date: 24-MAR-2013
I-94 Expiry Date: 24-MAR-2013

Applier for dependent VISA extension (i.e. 539I) earlier last year and on 5-Feb-2013 the petition has approved.

Current Status on USCIS site: -

On February 5, 2013, we mailed you a notice that we have approved this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS.


Thanks.... for your help !!!

[kabkaba]

All she needs to return to US is her valid Visa (existing) and your L1 approval notice.

[Mahashere]

L1a post decision activity.

Hi,

I am facing the same situation, my husbands visa got approved (l1a) and now it shows post decision activity, my i 94 already expired can I travel at this time or should have wait till we receive our petition,I like to know what hapnd in your situation so I can plan my travel,ur reply wl be grt,thanks in advance.

[raghvi]

Hi,

I am facing the same situation, my husbands visa got approved (l1a) and now it shows post decision activity, my i 94 already expired can I travel at this time or should have wait till we receive our petition,I like to know what hapnd in your situation so I can plan my travel,ur reply wl be grt,thanks in advance.

As long as you travel and return before your visa in passport expires you should be fine. If visa in passport has expired or is expiring before return date you will need to go for fresh stamping.

This is my opinion not legal advice.