Emergency travel to India

USA H1B
,
1

Due to sudden demise of my mother, I had to travel to India. I need to perform my mother last rituals and takes few weeks to complete it.

Below is my situation.

  1. Currently kids and myself visa expires on Sep 30th.
  2. My current H1 B extension is in pending approval process.
  3. I applied H4 extension when I am in US but yet to receive the receipt notice.

I am seeking your suggestions on below items.

  1. I wanted to go with H1B extension premium process and get the visa stamp in India.

  2. Once I get H1B premium approved copy, can I apply for kids visa with my approved copy being their extension application pending which I applied in USA or should I wait until their extension is approved and go for their stamping?

2

Sorry to hear about your loss.

You can apply H-1B visa stamp in passport once you get your H1B approval.

You can apply h4 visa for your kids and dependent directly using H1B i797 approval with US embassy.

The pending H4 Visa application with USCIS will most probably be denied and will have no effect on H4 Visa stamp that you will apply with US embassy.

1 Like
3

Thank you Anil for the quick response. Need one more suggestion.

  1. Since my kids and my visa expires on Sep 30th, can I travel to US between Sep 15th and 18th with current visa as my current contract will hold until Sep 20th and thereafter they will cancel it and lose my job.

  2. Will that effect my ongoing H1 and H4 extensions as it will generate new i94 and our extension applications will be with older i94.

  3. Few people said to convert my application to premium, take the approval notice and travel atleast one week prior of the expiry date.

I am finding it difficult to asses my situation. Please advise.

Thank you

4

Its difficult to suggest anything with limited information.

Your case needs deep information about your dates and situation.