H-1B to H4: Travel to India without I-797 for H4


pda2008

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Hello,

My wife quit her H-1B job in July 2011 in order to look after our newborn child. Her I-539 was applied on time but the approval has not come through yet. The lawyers say that this type of application cannot be expedited using premium processing.

We have travel plans to India in mid-October 2011. Question is what happens if my wife leaves the USA before her H4 status gets approved. Would she have any problem getting her H4 Visa stamped in India?

Please help...

Thank you

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