Lawbench will load in a few seconds

Continue to Lawbench
Loading…

Question

My H1B visa stamping is valid till Dec 16th 2021. My H1B extension already approved and my new I-797 valid till Dec 16th 2024. I have my I-140 approved from my previous employer, EB2 priority date Mar 7th 2011. My current employer has started my PERM process and it is in prevailing wage determination (PWD). My wife is in H4 Visa and her visa is valid till Dec 16th 2021, but her H4 extension (I-539) and employment authorization (I-765) is pending. Due to family emergency, I am planning to go to India for few weeks. Questions. 1) Will there be any issue in my GC processing since my labor process is ongoing and I am planning to leave the country? 2) We are planning to come back before my wife's Visa expiry date. a) Does she still needs to go for stamping ? b) or once she enters the country based on her valid Visa and my approved I-797 her pending H4 extension will be extended. c) will she get RFE for her pending H4 extension? If yes, can she stay in the country till it gets resolved ? 3) Will there be any issue for her pending I-765, since her previous I-94 will change. 4) On a separate note, I am planning to apply for NIE to return back to USA from India. Any suggestions on this

User's Location: Bethpage, Alabama, United States of America

Category: H1B Visa (Work Visa)