Need help on H4 Stamping - I539 Not approved yet !!

[abhisek100]

Hello

 

Please can anyone help me with the below scenario.

I was on L1 from a IT Mutinational Company A, I filed my H1 through an Indian Desi Consultancy and got my H1 approved in Oct 2015. Currently I am working at a new client location and my wife has to go to India, her H4 petition has been applied but it is not approved yet.

She has currently an expired L2 visa and hence needs to go for stanping - Will there be any issue if she goes for stamping before the H4 petition is approved ??

 

My amendment filing is yet to be filed  and will be done soon !!

Please advice if my wife can go for H4 stamping although her H4 petition is not approved yet and what documents would she need for stamping

[jairichi]

Your spouse needs a valid passport, amendment approval (I797) and marriage certificate.

[mit_k]

My attorney mentioned if we leave the country while H1 or H4 is pending, it would be considered as abandoning the petition. She advised not to leave the country until it gets approved.

[jairichi]

My attorney mentioned if we leave the country while H1 or H4 is pending, it would be considered as abandoning the petition. She advised not to leave the country until it gets approved.

 

Yes, that is correct. But, it does not affect H4 visa stamping.

[pontevecchio]

H4 petition is not a petition per se but a status change or extension. It has nothing to do with her getting a visa back home for which Jairichi has given you the steps.

[jeevi]

I have a same question, Although it doesn't impact H4-Stamping in India but Is the period considered out of status if

H4-I539 gets abandoned due to home country visit before approval ?