My Wife H4, I-539 was Case Was Received Status, can she go for H4 Visa stamping with my I-797

[VTR]

Hi,

I have applied my H1 Extension and my wife H4 extension (I-539) submitted in Regular process in Jan 23rd at Nebraska center.

After that i have moved my H1 Extension to premium process, two weeks back i got approval for my H1 Extension.

My wife H4 (I-539) is still "Case was received" status.

Now my dependents have a travel plan to India in June and June 9th they have Visa stamping appointment as well. 

By that time if we don't get I-539 approval can they go for stamping with my I-797 copy? What should we do to the Current I-539 application?

Thanks.

[pontevecchio]

They do not need I-539 approval to apply for and get a H4 visa. They need your H1 petition approval.

[hv1985]

Yes,your wife can go for Stamping with your recent I-797 copy.

As far as I know,Anyway I-539 is dependent on principal applicant (I-797).Nothing to worry about it,even if it's approved the validity would be same as yours.

[VTR]

Thank you all.