H4 - i539 Extension in progress - Can 1 Dependent stay?

[vinodhpkd]

Hi,

Greetings of the day. I have a question on my H4 dependent stay. My H1B Extension was approved last week. My Dependents H4 (i539) extension is in progress (pending). My Spouse has a medical emergency and needs to travel to India shortly and will be returning back based on the consulate opening (may be few months) in India. I have the following questions. Please advice.

1. Can my Child stay with me and not travel? His i539 extension is applied along with Spouse. Can my Spouse only travel?

2. The Receipt numbers in I797C are different for Spouse and Child but for my Child, the Applicant is Spouse. So if my Spouse travel and her application is abandoned, does that affect my Child application in progress?

3. Are these applications adjudicated independently?

1st I797C - Applicant = Spouse and Beneficiary = Spouse

2nd I797C - Applicant = Spouse and Beneficiary = Child

Thank You

Vinod

[User099]

You should consult an attorney as its a little complex. 

[Zodiac System]

On 7/18/2020 at 4:15 PM, vinodhpkd said:

Hi,

Greetings of the day. I have a question on my H4 dependent stay. My H1B Extension was approved last week. My Dependents H4 (i539) extension is in progress (pending). My Spouse has a medical emergency and needs to travel to India shortly and will be returning back based on the consulate opening (may be few months) in India. I have the following questions. Please advice.

1. Can my Child stay with me and not travel? His i539 extension is applied along with Spouse. Can my Spouse only travel?

2. The Receipt numbers in I797C are different for Spouse and Child but for my Child, the Applicant is Spouse. So if my Spouse travel and her application is abandoned, does that affect my Child application in progress?

3. Are these applications adjudicated independently?

1st I797C - Applicant = Spouse and Beneficiary = Spouse

2nd I797C - Applicant = Spouse and Beneficiary = Child

Thank You

Vinod

You have an approved H1b extension which is very good. H4 approval takes longer time because of the biometrics etc. involved.  When your spouse travels her I-94 number will change.  You will be able to contact USCIS directly and explain your situation to them on phone, available on their USCIS website (or get in touch with a good attorney).