Thank you so much for the reply!! Please find my response below in bold.
If you have valid H4 which expires next year then why do you have H4 extension pending? Is that for H4 or for EAD? or it was the one through new company transfer?
-Its for H4 extension, not EAD. It was the one through the new company transfer. My spouse had it till September 2022. Then the transfer to the new company happened in October 2020 and we applied for h1b and h4 premium processing. h1b got approved within 7 days and h4 is still pending. Nebraska Service Center has almost a year long wait.
Either case, we dont have confirmed outcomes on what would happen to pending extensions after travel. We dont know 100% they would extend the I94 or not or cancel the extension application itself.
But you can travel since you have valid I94. You have to make sure your extension get attended before your current I94 expires, i am sure it wont take that much time for your pending application to be adjudicated.
- What do you mean when you say "You have to make sure your extension get attended before your current I94 expires, i am sure it wont take that much time for your pending application to be adjudicated."
When my wife received new I94 at the border when we returned from Canada in 2016, the pending H4 application was cancelled from uscis because cbp adjudicated and gave a new I94(after the date of application at uscis) (denied due to cbp adjucated the application first - a technical thing within their internal processes hence nothing to worry on it) . So on your reentry to US, if they dont issue new I94 then i dont know how uscis would treat that situation. So we will have to find out but its not a big deal if they reject/accept since you can reapply anyway.
- Another question - how will I know if they issue a new i94? isnt my current i94 the one which is on my approved i-539?
I think even if they cancel the pending h4 application (I wonder how I will find out), like you said, I can always just reapply.