Impact on H4 Visa holders traveling to India while extension is pending with USCIS

USA L1, L2 Visa
1

Hi Team,

My question is regarding maintaining status of H4 Visa of my dependents who will be traveling to India for 8 months while the Visa extension petition is in progress with USCIS (My H1 and dependents H4 extension petition is in progress with USCIS).

To go details, My H1B & dependents H4 visa has validity till Sep 24 2015 and my employer filed extension for me (H1)and dependents (H4) and received receipt numbers for both on June 15 2015 and still with initial status “USCIS received case”.

My dependents want to travel to India on August 10th and petition will be in progress at USCIS during that time and what will be impact on dependents visa?.

Thank you,

2

They will need to get visa stamped before return but otherwise there is nothing to worry about.

3

What about for H1B ppl, is there any risk if they travel after receiving acknowledgement number ?

4

What about for H1B guys, is there any risk if they travel back after receiving acknowledgement number but not got approval yet

5

Did you sort that out? Whats the update?

My case is as follows:

Old H1 and H4 are valid until April 30, 2016. Filed for extension by premium processing in April 20, 2016. Due to postal error H1 and H4 got separated.

H1 approved first. H1’s i-797 valid from May 1, 2016 to April 30, 2018. But H4 is still pending. Due to family emergency both H1 and H4 went to India in June 2016.

Attended visa interview with H1’s valid i-797. Got stamping for H1 and H4 until April 30, 2018. And came back to US in August 2016. No issues to get stamping or at port of entry.

Now got RFE for H4 extension which was filed in April 2016 (but now H4 already have valid stamping and i-94 up to April 2018).

They are just asking simple documents for H1’s employment. I can send it.

But my question is do I need to still do this because the stamping is valid until April 2018.

Thanks a lot