You have guided me with your great advices earlier as well and would need your help one more time.
My H1B and i94 expired last week and my employer has filed for my H1 extension just in time in normal processing i.e. just two days prior to my i94 expiration. I am in U.S currently and my wife is also on H1 here. I have the below queries and need your suggestion immediately.
Since my H1 extension was filed just last week in normal processing as my employer cannot file in premium processing as per their policies so I know that it will take time for the decision from USCIS. I have not yet received my receipt no. as well till now and I have a family emergency now and it seems I might have to travel to India. So if I travel to India will this two weeks period of my stay in U.S be counted as legal as I have not received my receipt no till date?
If I go to India, I know that I can only come back to US with my Visa stamped as my i94 has already expired last week. Since my extension is filed in normal mode, the decision will take time and it might mot be possible to stay for that long in India for my Visa approval as my family will be here so I am planning to come back on H4 since my wife has H1. In such case, can I go for H4 stamping as soon as I reach India with my H1 extension still pending and infact can I go for H4 stamping even before I receive my H1 receipt no for the extension filed in last week?
If I go for H4 visa stamping, will this period i.e. for almost two weeks that I have stayed here in US without i-94 (with H1 extension filed) will be considered as legal? Does this period of stay create any immigration issues for me now or in future?
If I come back to US on H4 and if I file for my new H1 with COS under cap exempt then will this current period of two weeks stay in US without i-94 cause any issues for my new H1 petition approval then or will this stay cause any other issue with immigration related statuses?
Thanks for all your help and I am looking forward for your suggestions.