Question: I have a query regarding my dependency H4 Visa, my H1B along with my spouse and son H4 extension (as current visa expiring in September 2017) is filed with USCIS last week but my spouse and son need to travel to home country due to some family reason. So I would like to know if they both (Not me) travel to home country when our case is still pending with USCIS and current I-94 is expired, what option do we have so that they can get back to USA without any issues ? What will happen to their H4 extension case which is pending on their travel outside USA (I will still be in USA)? Will there be any issues for their return back ?
Answer: The extension will be abandoned when they leave the country. They can enter the country with a valid visa up until the current validity of September 2017. They will not be able to travel back after this date and will have to wait for the H1B approval. They will have to visit the consulate for visa stamping with your H1B approval and then enter the country.