H4 Stamping in india without I-539 approval


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My H1B visa is approved but my wife's H4 (I-539) is still showing 'Case Was Updated To Show Fingerprints Were Taken'. Stamped Visa on the passport has already expired.

She needs to travel to India due to medical emergency  and return back to US after stamping so can she get her H4 stamping done without I-539 approval ?. I will also be travelling  with her for stamping.

1. Will she get stamped based on my i-797 approval copy ? If yes, what happens to their I-539 ?

2. Do I need to withdraw I-539 before exit from US ?

3. What all documents we need to carry  for H4 stamping.

Thank you.

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  • 4 weeks later...

I have the same experience 

1) Yes, For me I was told that i-539 would get automatically invalid after I go out of the US. But couple of days after I left the US, my i-539 got an RFE. So our attorney requested the USCIS to disregard the application

2) If she qualifies for dropbox , she needs only, her passport, DS-160, appointment letter, her last i-797, your current i-797 and the previous one, your last visa copy, one photo and a letter from USBIC.




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