Need consultation and advice on H4 visa stamping and travel to USA, when extension is still pending.

My wife’s H4 visa is expiring on Dec 13, 2023. She has a travel planned to India on Nov 5th, 2023. She has stamping planned on Nov 9, 2023, and plan to return back to USA by Dec 15, 2023.
Currently we have applied for H1b along with H4 approval, however we havent got the results yet. If we dont get the approval results by Nov 9th, she might get visa stamped on passport till Dec 31st only.
What are our options here?
As she travelled out of country while H4 is pending, the H4 would get denied, correct?
Shall we file a fresh H4 before Dec 31st, once she is back in the country around Dec 15th ?

Extension of status application is generally not affected by travel.

I suggest upgrading your H1B to premium processing that way both H1B and H4 extension will be approved before you go for stamping.

Hi Kalpesh,
Thanks for your response.
Reg premium processing, due to some reasons, employer isnt approving premium. Hence am exploring other options.
So basically i hv couple of ques here:

  1. can we file another h4 extension ( to be on safer side), when previously filed h4 extension is still in process?

2,) H4 extension need not be filed by employer, we can file it ourselves, am i correct in this assumption?

You dont need to.


You can offer to pay the premium processing fee.