H4 Travel while extension in progress

I’ve applied H4 visa extension for my family 2 months back along with my H1B extension in premium,
My H1B extension got approved in 15 days and my family attended Bio-metric (16-Jun-19) as part of the new procedure, after Bio-metric, my family, went to India and planning to will come back first week of September, and their current Visa valid until 01-Nov-2019.

As H4 is going in normal processing times, not sure when we get approval for them,
Will there be any problem, if they come back with Old visa?
And is there any problem at port of entry (Seattle) as they traveled while extension in progress.

Your response is highly appreciated!

Hi @srinivas.rkb

H4 extention might be denied or may get an RFE as your dependent has travelled while it was pending.

The whole purpose of filing H4 extention with USCIS is to get extended i94 when H4 does not want to travel outside USA. You did the exact opposite and the whole purpose is lost.

There is no issue in entering US with existing H4 visa stamp though.

If you get an RFE, you will most probably be asked to submit new i94 to prove H4 status. Your dependent will get new i94 when they enter US again.

Husband is in US with H1-B approved and stamped. My H4 extension is pending, with receipt date 27 March and biometrics done on 22 April. I had to travel to India for family need. When can I expect H4 extension approved. Can I go for drop box using my husband’s H1-B ? Application center is Nebraska. I have booked my return ticket for Sep 28

Hi @Smita

I moved your question on this page as i have already answered the same situation above.

You can go for H4 visa stamping in India using H1B’s approved i797.

Thank you Mr. Gupta. I read your reply above for a similar situation. So is my understanding correct that my H4 extension will be denied since I travelled to India while it was pending?

By the way, my H4 visa expired on 8th August, and 10 day grace expires on 18th. I am in India since 1st August.

Hope as you said, I will still be apply for H4 visa stamping using approved H1B’s I797.

Hi @Smita

H4 visa stamping is completely different than extention and has no bearing on each other.

Even if you had got H4 extention approved in US and then traveled, you would still need the H4 visa stamp.

So, basically you have wasted your money by filing H4 extention. It was not required at all if you had travel plans.

Thank you so much for clearing the doubts. I had to make emergency travel plan for family.

@srinivas.rkb

Hello,
Did your wife get H4 visa stamped based on your H1B approval? After she travelled while the extension was pending, was her H4 extension denied or RFE requested.

Hello Smitha, not yet. As per my company, my family H4 extension date applied as the same as expiry date of their current Visa, so my employer clearly told, do not expect extension approval before the expiry of the current visa, so they will travel back to US on the current Visa only.

Thank you for the reply, Krish. Yes, processing times are longer than before. All the best for the visa approval process.