H1b travel outside while H4 in USA

USA H4
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1
  1. Had approved H1b+H4s from Sep-2018 to Sep-2021.
  2. 2nd Job: H1b transfer from June-2019 to Dec-2021. H4 extension not applied at the time.
  3. Applied H4 extension in Aug-2021 for duration Sep-2021 to Dec-2021 before H4s approved in point #1 expired with H1b from point#2.
  4. I (H1b) had to travel outside urgently alone in Oct-2021. Got a new H1b visa stamp till Dec-2021 and back.
  5. Applied H1b + H4 extensions from Jan-2022 to Dec-2024. All approved.
  6. H4s applied for Sep-2021 from Dec-2021 in point #3 above got RFE in Mar-2022 asking for latest H1b approval. Replied with H1b from point #5 from Jan-2022 to Dec-2024. This H4 petition was also approved with duration Jan-2022 to Dec-2024. Now, have two H4 approvals from Jan-2022 to Dec-2024 but no H4 i797 with duration Sep-2021 to Dec-2021.
  7. 3rd Job: H1b transfer with H4s till 2025 applied later in 2022. All approved.
  8. Another H1b amendment approved till 2027.

Will absence of approved H4 i797 between Sep-2021 to Dec-2021 cause any issues if I go for a visa(h1b+h4) interview (with 2027 h1b)?
Especially because the primary H1b travelled outside in that duration with visa stamp in Oct-2021.
Did USCIS not give any approval for Sep-2021 to Dec-2021 because when they opened the i-539 in Mar-2022, the dates applied for were already in the past?

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I do t think so. You applied timely before expiry so H4 is not in any status violation.

Is that extension of status application still pending after you submitted the RFE? Ideally it should have been approved.

1 Like
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Thanks Kalpesh. After i responded to that RFE with my latest H1b approval at the time (Jan2022 to Dec2024), USCIS sent an H4 approval with the same duration as latest H1b. Hence we have two sets of H4 approvals from Jan2022 to Dec2024. But no H4 approval from Sep2021 to Dec2021.

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@Kalpesh_Dalwadi @anil_am22 please can you respond