H1B Visa stamping drop box question

[GCitis]

hello all , 

I have my current Visa stamped in India which is expiring on May 21st, 2021.
my H1B with H4 & H4 EAD has been filed for an extension in November 2020 and I got the approval for H1B (3 years) but the H4 and H4 EAD are still under processing. My immigration lawyer is saying that it would take 6 to 9 months to get these H4 and H4 EAD approvals with the November Receipt date. 

So the question is : 

Can i and my spouse go to India for visa stamping (Dropbox) while my wife’s H4 application is in progress? I personally think that it is not advisable without H4 I-197 approval but when I ask this question to my immigration lawyer this is what he said :

“As long as all the other conditions for the dropbox are met, your spouse can use your current H-1B approval notice and marriage certificate as proof of H-4 status eligibility. We have seen this to not be an issue even in instances where someone has previously used H-4 approvals for visa stamping.”

Can you please suggest whether it is safe to travel and go for stamping with my wife’s H4 being under process?

[rksingh]

***Forum replies should not be used to to second guess your qualified immigration attorney's advice.

However what the attorney is saying is correct: If your spouse travels to India while her H4 extension application is pending, her application will simply be deemed abandoned. She can then apply for  a visa stamp based on your approved H1 petition...when she renters US, she will be given H4 status with a new I94 number.