H1B Extension Approved, H4 Pending, Valid Visa from Old Petition, Travel Advice

[Abhi1]

Me and my Wife have a Visa Stamp till Feb 2023 from Old Petition. My new H1B Extension was approved till Jan 2025. My wife’s H4 extension is in Progress. Same Employer.

My Question

1. Can me and my wife travel internationally and come back of existing Visa and new I797 approval reciept in 2022 without going for stamping?
2. Likely since my wife is travelling while her H4 extension is in progress it will get denied. So can be come back to US on old Visa Stamp and file a new H4 extension for her ?

[Kalpesh_Dalwadi]

@Abhi1

Can me and my wife travel internationally and come back of existing Visa and new I797 approval reciept in 2022 without going for stamping?

Yes.

@Abhi1

Likely since my wife is travelling while her H4 extension is in progress it will get denied. So can be come back to US on old Visa Stamp and file a new H4 extension for her ?

Generally speaking, extension of status application may keep processing while the beneficiary travel. While entering back, the CBP will issue a new extended I-94 for your wife based on your I-797 that is valid till Jan 2025. At most she will end up with two different I-94 numbers (one issued by CBP and one attached to her I-797 approval notice for H4 extension of status) which is not a issue and can be fixed by travelling to Canada or Mexico border using her I-797.