I'm on H1 + I140, my wife on H4- EAD. Both of our Visa's are valid till end of July. She is planning to travel to India in Mid of Feb and return first week of March.
My employer is planning to file my H1 extension along with my wife's H4 extension in first or second week of Feb. Since our Visa is valid till end of July, can she travel to India and return with current visa?
If our extension is approved before first week of march, will it be an issue for her at port of entry because she wont be having new visa stamped in her passport?
If your spouse travels abroad after the FORM I-539 is filed with USCIS, the application will be deemed abandoned. Your spouse can however return to the U.S. with the H-4 visa that is valid to July 2018. Your immigration attorney can provide you with individualized guidance.
If the employer will file for wife's H-4, their attorney will represent her too and so she should talk to her attorney and they can take time to explain. Good luck!
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Travel is permitted with a valid visa and passport. And extension filed prior to departure should be considered abandoned and thus denied.
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