Guestbook Entry for Lydya Arredondo , United States
Name
Lydya Arredondo
Country
United States
State
Texas
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H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94
Question details
I wanted to seek your guidance regarding my pending H4 extension application. Below are the details:
I am on H4 status with my current visa valid until August 29, 2025.
My husband’s H1B extension has been approved, and we filed my H4 extension (I-539) along with his H1B. I received my receipt notice on April 2, 2025. Due to a family health emergency, I traveled to India on April 29, 2025, and re-entered the US on June 18, 2025, using my valid H4 visa. Upon entry, I received a new I-94 valid until [insert the expiry date on your new I-94 here, e.g., August 29, 2025]. I would like to confirm:
Will my pending H4 extension (filed prior to travel) be considered abandoned due to my departure from the US while it was in process?
Should I apply for a new H4 extension application? Is it recommended to recall the current H4 extension application and immediately fill a new H4 extension? Or should I wait till I get my H4 withdrawal approved?
If so, do I need to file a new H4 extension application before the expiry of my current I-94 to maintain my status beyond that date?
Is there any additional action you recommend in this situation to ensure uninterrupted H4 status?
FAQ Transcript
Your H-4 extension (I-539) will not be considered abandoned even if you travel internationally and re-enter with a new I-94 while it's pending. It's a common, though undocumented, rule that travel is permissible during an extension application, unlike a change of status. You do not need to refile your H-4 extension. For peace of mind, you can contact USCIS customer service to confirm.
I-94 Web Application Video
The I-94 Web Application has been designed to provide travelers with the I-94 number that is assigned by Customs and Border Protectio or CBP - upon entrance to the United States. The I-94 number may be used for verification with other government agencies. Foreign travelers entering the UnitedStates at air or sea ports of entry will be able to access their electronic Form I-94 by visiting www.cbp.gov/I94
To learn more about this Web Application please visit the link below.
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US Immigration Questions, Feb 19, 2015 Free Community Call with Rajiv (Every Other Thursday)
Agency
Immigration Law
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Here is a question from clients.immigration.com, our clients-only extranet.:
Hi Rajiv
My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012
My questions :
1. Do i have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ?
2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?
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