H-4 extension granted after moving out of US - can I reenter to visit? [closed]

H-4 extension granted after moving out of US - can I reenter to visit? [closed] - Things I Can't Say Out Load Book on Green Textile

I used to reside in the USA under a H-4 (spouse) visa, but recently accepted a job abroad and moved out of the country. Just before that, my spouse and I both applied for visa extensions, as our visas were about to expire. My spouse had their application approved fairly quickly, but mine took so long I ended up leaving the country before the application result came out.

Now, after living and working abroad for about two months, I found out that my H-4 extension has been granted. My intuitive understanding is that I should be able to claim and use this H-4 visa to visit my spouse, since it does not impose any conditions of continued US residence (that I could find). I know H-4 visas prohibit the visa holder from working while in the US, but I understand it should be fine if I visit during my vacations, for example. However, I could not find any rules clearly stating whether this is possible or not.

My questions are:

1) Do I have the right to claim and use this H-4 visa to visit the USA while residing and working abroad?

2) Have other people in similar situations successfully claimed and used their visas to visit while residing and working abroad?


EDIT:

Thank you to user102008 for pointing out the difference between the visa and the status - I had the two mixed up, and it got very confusing because of that.

In case it helps someone else, here are some definitions taken from this USCIS document (page 18):

A visa [...] allows the person to travel to the U.S. and apply for entry in that nonimmigrant category. The visa is valid for a certain length of time, and you may use it to apply for entry while the visa is valid.

A person who is admitted is granted a particular status based on the visa and is admitted for a specific period of time. [...] The I-94 record shows the nonimmigrant category or other status in which the nonimmigrant was admitted and how long the nonimmigrant is authorized to stay. The admisstion period often does not match the validity of the visa because the visa serves a different purpose.

To recap my question, but with the proper terms:

  1. I was residing in the US under a H-4 status;
  2. I applied for an extension of status in timely manner, but both my status and visa expired before I received a decision [see side note below];
  3. After departing from the US, I received a notice that the extension of status request was granted;
  4. However, because my old visa expired, I need a valid visa to re-enter the country.

In conclusion

I need to obtain a new H-4 visa. I'm still not sure whether the new status can facilitate me getting a new visa or whether I have to submit a new application from scratch, but that's a topic for another question.

I would still be happy to hear from other people who have been through the same situation!


Side note: as per page 7 of the same USCIS document linked above, when my status expired I became officially out of status, but I did not accrue unlawful presence for purposes of inadmissibility:

What if I file on time but USCIS doesn’t make a decision before my I-94 expires? Your lawful nonimmigrant status ends, and you are out of status, when your admission stamp date or your Form I-94 expires, even if you have timely applied to extend the period of your nonimmigrant status. [...]

As a matter of discretion, however, DHS may defer bringing a removal proceeding against you until after USCIS decides your application for an extension of your nonimmigrant status. Also, while you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your extension application is pending.

This is important because it can look like I overstayed my visit. Therefore, one should keep the documents related to their extension of status application and show them upon their next reentry in the USA, as described on page 6 of the aforementioned document:

What if I file on time for an extension, but I leave the U.S. before USCIS makes a decision on my application? If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your last visit.






Pictures about "H-4 extension granted after moving out of US - can I reenter to visit? [closed]"

H-4 extension granted after moving out of US - can I reenter to visit? [closed] - Free stock photo of albania, cigarette, cigarette butt
H-4 extension granted after moving out of US - can I reenter to visit? [closed] - White Horse on Green Grass
H-4 extension granted after moving out of US - can I reenter to visit? [closed] - From above of closeup flattering national flag of USA with white and red stripes and stars on blue background



Can you travel out of US when your H4 extension is pending?

Yes, you can travel out of US, when your H4 Extension is pending. There is no official reference given by USCIS on how they will handle extension petitions with travel, but based on experiences shared by users, H4 Extension have not been abandoned and continued to be processed.

Can H4 visa holder live outside US?

You can get H4 visa by following these simple steps: For those living outside the US: You should fill the online form DS-160, print the barcode an bring it along with you for the interview. If you are taking your fianc\xe9e with you, then you have to file K1/2 along with DS-156, DS-157, DS-158, DS-3032.

How long H4 can stay in US after i94 expiry?

H4 can stay up to 240 days after i94 expiry - legally USCIS says that a person is considered OUT-OF-STATUS after 240 days of i-94 expiry. This too, when you have filed the extension application before your i94 expiry and have not received any final result.

Can I travel outside US while waiting for EAD?

In general, travel is not recommended when an individual has a request pending with USCIS. This is because being outside the U.S. during the processing of a benefit could be considered abandonment of your petition.



H4 Visa Latest Updates : H4 Extensions, Change of Status to H4 | H4 Visa Processing Time | USCIS




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Ann H, Marsel Hasanllari, Helena Lopes, Karolina Grabowska