puru33 Posted February 3, 2014 Report Share Posted February 3, 2014 My wife was on H4 from 2011 to 2013. I-797 was valid till August 2013 but she left US before that (in May 2013). My H1b got extended in Oct 2013 and got my I-797 . I didnt file for her H4 i797 at that time. Now I want to bring her back to USA. . I should be filing i-539 right? since she is out of status and currently not in US, Can I file it on behalf of her or Does she have to file from India? Link to comment
pontevecchio Posted February 4, 2014 Report Share Posted February 4, 2014 Wrong. She needs to apply for the H4 visa and come back with your latest approval. Status does not apply when a person is outside the USA. She is NOT "out of status" Link to comment
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