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Can my wife travel outside USA when her I 539 extension of H4 status is pending, provided she gets a new entry visa (H4)?

3 views 3 answers
I filed for extension of my H1 status (I129) as my H1b visa was expired one month ago. Along with my application, I filed (I 539) extension for my wife H4 status as well. Last week I changed my case to premium processing. Once I get my H1b status extended and receive my new I797C, I am thinking of travelling to India and return to USA after appearing for H1B visa interview in a US consulate in India. As I and my wife will apply for new entry visas (H1 and H4), I am thinking that we don't need to wait for my wife's I539 extension approved. Is this correct?

Attorney Answers

3
Stephen Berman ·
You can apply for the new H4 abroad instead of the extension.
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Your wife can depart the U.S. while her I-539 is still pending and return with a consulate issued H-4 visa stamp. However, should USCIS learn of her departure prior to the I-539's adjudication, her application wil be deemed "abandoned" and she will also be deemed having been "out of status" from the moment her old I-94 card expired.
0 upvotes

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