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Immigration Issues/Travel when H4 extension pending

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Question
Hello Sir,

My H4 extension is in process. Due to personal reason, I have to travel to home country (India) when my H4 extension is in process. My previous visa will expire in next month. So is it possible to travel during visa extension process.

My spous company team (Who applied for this extension) suggested to withdraw the filed petition by sending the letter to immigration team with proper reason for withdrawal and once they will withdraw this petition, I can travel to India.

I don't know again how much time this process will take. Please help me out......

Answer
Hi,

Traveling outside the U.S. when an application to extend your H4 status is pending with the USCIS will result in denial of the H4 application. There is no advantage in withdrawing the application--go ahead and travel and it will automatically be denied.

You will need to obtain an H4 visa stamp at a U.S. Consulate (normally in your home country) to enter the U.S. again. The application for visa stamping will be made at the Consulate, not the USCIS.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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