H-4 Visa Stamping appointment with unapproved Form I-539

[mehtachi]

Hello All,

My (H-1B) and my wife's (H-4B) current visa is valid till 10/20/2018. My H1-B extension was filed on 5/31/2018 and was approved on 9/7/2018. My employer also submitted Form I-539 on 5/31/2018 to extend my wife's status. As per https://egov.uscis.gov/processing-times/ currently, it takes 12-15 months to process Form I-539.  So, it seems her Form I-539 will be approved by 07/31/2019.

My wife is planning to visit India on 11/26/2018, and I am planning to visit India on 12/27/2018. We both will be appearing for Visa stamping process on different days.

Question: Can she appear for visa interview while her Form I-539 is still under review by USCIS?

 

Thanks

Chirag

 

[pontevecchio]

I-539 has no relation to the H4 visa. She needs to show your H1 petition and proof of your valid H1 status to get a H4 visa.

Why not both go for the visa?

[mehtachi]

Thank you pontevecchio. Since she is going a month earlier than me, we both will have different visa appointments.