Getting visa stamping while H4 approval is pending

[GI1825]

I have changed to a new job, and my employer applied for H1B and the I-539 for dependents H4 (spouse + child) together in May. While I received the H1B approval within 2 months, the dependents  petition is still showing as pending. Meanwhile, spouse had to return to home country due to a family emergency, (child stayed in US with me).

1. Now can the spouse get visa stamped and return to US without the approval documents ? Yes, they have my "primary petitioner's" H1B approval and marriage certificate. 

2. We have consulted a random online immigration attorney (phone call), and they said the petition pending with USCIS will be abandoned once a person leaves the country, and you would have to file a new one again, (I think I-539). 

The USCIS website still lists the petition number as pending. The same pending I-539 application also had my child who is a minor, and still in US. This would not make sense why it would be abandoned while he is still here. 

Can someone clarify ? Had anyone been able to get visa stamped with just the primary, not dependent's documents ?

[JoeF]

The I-539 is a petition to extend status. With the travel abroad, there is no status to extend, so that petition is moot, abandoned.

She just need to apply for an H4 visa at the consulate.

The petition for the child is a separate petition.

[pontevecchio]

1. Yes.

2. Random calls give random results. He did not understand what you were trying to tell him.

H4 extension does not involve  a petition. It is a status extension based on your valid H1 status.

[pontevecchio]

To clarify, There is no such entity as a H4 petition as opposed to say the H1 petition. H4 extension does not involve a H4 petition as no such petition exists. It implies filing an EOS on form I-539.