Urgent help! Travel on H4 if spouse H1 B extension is pending

[ygvc27]

Hi,

I am so confused right now, i have my tickets booked for india on 29th Oct and suddenly a friend of mine told that i cannot travel when my husband's H1 B extension is pending for approval. Ok my details- I have H4 visa stamping till Dec 6th 2013 and i am returning to US on 28th Nov 2013. My husband has applied for extension last month and we got the receipt number today. Please let me know whether it is risky to travel in this scenario! HELP!

[qesehmk]

ygvc - calm down!

Your husband can't travel but you can.

While reentering the officer will ask you why you only want to enter only for 5 days given your visa expires Dec 6th. You can tell him/her that your husband has applied for H1 extension.

My understanding (99% confident) is that as a derivative your status is derived from your spouse's. So as long as he is in status you can continue to stay in US beyond H4 expiry.

Now in this case -since your husband has already applied for extension - if it is approved before current H1 expires - great - no problems whatsoever. But even if it doesn't he will still be in status for 180 days or so until his application for extension. So again - I don't see a problem.

Enjoy Diwali!

ps. - You may want to ping Kanmani or Spectator on this forum. These guys are the best. Spec probably is not checking his emails but wouldn't hurt to try.

pps - if along with your husband your H4 extension request was also filed - then that request would be cancelled / denied if you travel. But that doesn't matter for reasons I explained above.

Hi,

I am so confused right now, i have my tickets booked for india on 29th Oct and suddenly a friend of mine told that i cannot travel when my husband's H1 B extension is pending for approval. Ok my details- I have H4 visa stamping till Dec 6th 2013 and i am returning to US on 28th Nov 2013. My husband has applied for extension last month and we got the receipt number today. Please let me know whether it is risky to travel in this scenario! HELP!

[Kanmani]

ygvc27,

Don't worry. You can travel and return, while your husband's H1 extension is pending. As Q said you will sure be questioned at the Port entry Inspection counter.

Get updated with the H1b/H4 extension details and carry the H1b and H4 extension petition Receipt notice or if fortunately approved before your departure, get the H1b approval notice copy itself for your travel records.

Q,

Both, H1b petitioner and the dependent can depart the US without being the extension of status petitions getting denied.

Only the Change of Status Petition is invalid if the petitioner departs the US before its approval/denial.

[ygvc27]

Thank you so much Kanmani and qesehmk! Really glad and appreciate your quick replies! I was just confused about two different i -94's...but got to learn that i-94 are not given anymore..Hope all goes well!
Have a great diwali!!

[ygvc27]

Hey... M back from India...just wanted to update to all others that it is pretty safe to travel with h4 extension pending n valid visa!