Can I travel if my H4 visa is expired and my I539 is in review and, if so, what documents do I have to carry? 3 Answers as of September 03, 2014

My husband’s H1 visa and my H4 visa were expired. My I539 (h4 extension) status is in review. I have the I539 receipt. I want to travel to India and return in 2 months.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can travel even before the H-4 is approved as long as you will have a basis to get a new H-4 before returning to the US. That means your spouse's H-1B must be approved when you plan to return to the US and you will need to present that approval notice at the US Consulate abroad as well as your marriage certificate in order to obtain a new H-4 visa.
Answer Applies to: California
Replied: 9/3/2014
Hoang & Tran PLLC | Adam Tran
You (the H4 Visa holder) should not leave until a decision is made. If you leave, you need to return with a new H4 visa, which is will be dependent on the approval of your husband's H1 extension. Essentially, you will be abandoning the extension application, requiring you then to re-file.
Answer Applies to: Texas
Replied: 9/3/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
If you depart the United States your extension of status will be deemed abandoned. You would need to wait for your husband's extension to be approved before you could apply for a visa at the U.S. Embassy.
Answer Applies to: New York
Replied: 9/3/2014
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