Is it possible to get H-4 visa extension stamped at a US Consulate outside US while I-539 is still pending approval?

[makv123]

My wife had to travel outside the US while her H-4 extension application was pending approval. Is it possible to get H-4 visa extension stamped at a US Consulate outside US while I-539 is still pending approval?

[pontevecchio]

She can get the H4 visa at the consulate based on your valid H1 status and return. Once she leaves there is no status to extend and hence the EOS application is irrelevant now.

[newacct]

Her I-539 was automatically abandoned when she left the US, since one does not have status while outside the US, so she has no status to extend anymore (and approval or denial would make no difference anyway). She can get an H4 visa on the basis that her spouse has H1b status. What status she had on her previous stay and whether she applied to extend it is not relevant (other than to show that she did not accrue unlawful presence).