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immiprofile

H1b PP approved -H4 I539 pending - Need advice on travel

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Hi, 

My H1b [COE] and H4 dependent i539 filed with new form in premium processing. H1b approved but got no status update of H4. We still didn't receipt of h4 I539 application after 20 days. Current H4 is still valid till sep-2020. H4 visa is expired.

We have plan to travel India in May. Can I travel even if i539 is pending with USCIS. I am assuming we can go for h4 visa with approved H1b petition. 

My question is there any problem in H4 visa approval, what will happen to pending i539 petition, will it be considered invalid..If USCIS took decision while we would in India, what will happen.

Please help us.

 

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23 hours ago, immiprofile said:

Hi, 

My H1b [COE] and H4 dependent i539 filed with new form in premium processing. H1b approved but got no status update of H4. We still didn't receipt of h4 I539 application after 20 days. Current H4 is still valid till sep-2020. H4 visa is expired.

We have plan to travel India in May. Can I travel even if i539 is pending with USCIS. I am assuming we can go for h4 visa with approved H1b petition. 

My question is there any problem in H4 visa approval, what will happen to pending i539 petition, will it be considered invalid..If USCIS took decision while we would in India, what will happen.

Please help us.

 

Yes, you can travel even if I-539 is pending. You can go for H-4 vusa stamping also based on H-1 approval.

No issues. I-539 will become void.

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On 4/12/2019 at 10:08 PM, shekar11# said:

Yes, you can travel even if I-539 is pending. You can go for H-4 vusa stamping also based on H-1 approval.

No issues. I-539 will become void.

Thanks for reply. will I539 become void or USCIS will consider as denied / abonded. I am just curious to know because most of time, we have not tell did your petition denied in past, so do we need to keep track of this.

 

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It would be considered abandoned. You can send a letter withdrawing your I539 application prior to travel if you want to. There are several samples online.

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On 4/21/2019 at 8:37 PM, gullyboy said:

Let's say H-4 candidate gets stamping done, and I539 is abandoned.. what will happen to H4-EAD application?

That will still get processed. In case they need additional info they might issue a RFE.

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