H4 extension I539 pending with USCIS, travel after i94 expiry - chance of 221g

USA H4 Visa
1

My H4 extension is pending at vermont centre , biometrics done on 6th June.
I will be visiting India in Aug . My I-94 was valid till 18th May & we had filed the H4 extension on 14th May.

If with this pending I-539 I travel out of the US & then go for H4 dropbox stamping on the basis of the approved H1 ( validity Dec 2020).

Is there a chance that the days from 18th May - Aug be considered as out of status & they deny H4 stamping ?

or they issue a 221g ? Kindly advise ?

2

The time spent in US after i94 expiry will be counted as legal as you had filed H4 extention before expiry.

There should be no issue in H4 visa stamping due to pending H4 extention in US.

3

Thanks Anil !

My current visa is valid till 17th Oct 2019 & I am planning to return from India on 7th Sep 2019 . What do you advise should I do the H4 stamping based on the new H1 ( valid till 2020) or enter US on the basis of the old Visa itself . Will there be a problem at the port of entry ? as the I539 filed here would be abonded & denied ? Kindly advise the safest way to proceed . Thanks

4

Hi @SST

There is no need to get new H4 stamp if the current one will be valid at the time of re-entry.

You can simply show the new extended H1B i797 at US port of entry to get the extended i94 for yourself.

5

Hi Anil !

ok ! but then will I have to file I539 again ? as I assume in this my original I539 would be abandoned since I left the country . And I will not have H4 stamped too on the basis of new H1. In this case I might be only getting I94 extended till 2020 , right ?

6

Hi @SST

If you get new extended i94, there is no need to file i539 again. Your i94 is enough to stay in US.