H1 to H4 - I539 Pending - Travel

[MyFavourite]

Hi

My wife changing her visa status from H1b to H4, since she is already in the states we applied for form I539 (Change of nonImmigration status)

Here my question is---

1.If I539 is in pending/processing stage and spouse travels out side the US, will that application considers abanded ?

2. when they go for h4 visa stamp, do spouse need I797 approval for changing her immigration status (from h1 to h4) OR Husbands h1b approval -I797 notice would be sufficient for her to get visa stamp.

-Pls advise

[pontevecchio]

1. Yes.

2. Only the H1 approval of the spouse is relevant. There is nothing called a H4 petition.

[MyFavourite]

Hi pontevecchio

Thanks for the reply...

Will there be any risk involved with I539 abandon...things like

1. Should it be affect getting the H-4 visa stamp and being let back in to the country

2. Will there be a time of being out of status on record and will that affect anything in the future

Pls. advise

[pontevecchio]

1. NO

2. No

The only factor is the credibility of your H1. Igf your Employer is an ethical one and not in the USCIS radar for bad conduct she will get her H4 visa with no problems.