H1 B approved but H4 still under "Initial Review"

[Raj Chandel]

Hi All,

My company filed my H1-B extension and H4-b extension for my wife (I539 for extension of stay) under regular processing. Later on, my company upgraded my case to premium. I got my H1-B approved on Oct 21st but when i check my wife's case on uscis site, it is still under "Initial Review". Its almost 15 days since i got my H1-B approval. My wife traveled to india on Oct 22nd. I have couple of queries:
1. I am going to India in Nov end. I am planning to take visa interview appointment. Since my wife's case is pending, can i still take visa interview date for her and get her visa stamped? We are planning to return in Dec end, can she travel back to US?
2. Will calling USCIS helpline help in getting this situation resolved? Since my wife is not in US can i take an infopass appointment on her behalf and discuss the case?

Thanks a lot in advance.

Regards,
Raj

[raghvi]

Hi All,

My company filed my H1-B extension and H4-b extension for my wife (I539 for extension of stay) under regular processing. Later on, my company upgraded my case to premium. I got my H1-B approved on Oct 21st but when i check my wife's case on uscis site, it is still under "Initial Review". Its almost 15 days since i got my H1-B approval. My wife traveled to india on Oct 22nd. I have couple of queries:
1. I am going to India in Nov end. I am planning to take visa interview appointment. Since my wife's case is pending, can i still take visa interview date for her and get her visa stamped? We are planning to return in Dec end, can she travel back to US?
2. Will calling USCIS helpline help in getting this situation resolved? Since my wife is not in US can i take an infopass appointment on her behalf and discuss the case?

Thanks a lot in advance.

Regards,
Raj

Seems since she travelled out before approval it would be considered abandoned. Till when is the H4 visa in her passport valid?
1. Yes, if you and her both get the visa.
2. I dont think that will help much but you can try. If her visa has expired she anyhow has to attend a new stamping. Check if she is eligible for Interview waiver too.

This is my opinion not legal advice.

[Raj Chandel]

Seems since she travelled out before approval it would be considered abandoned. Till when is the H4 visa in her passport valid?
1. Yes, if you and her both get the visa.
2. I dont think that will help much but you can try. If her visa has expired she anyhow has to attend a new stamping. Check if she is eligible for Interview waiver too.

This is my opinion not legal advice.

Thanks for your reply. Her visa expired on 22nd Oct, so you are right in that she has to get visa stamping done anyways. I talked with my company, they are telling they will not apply for her stamping until her application is approved from uscis. My point is, since she has already left country and her visa has also expired, there is no point waiting for the decision of her extension case.

[kabkaba]

Since she has left the US the extension of status application is meaningless. All she needs is your H1 petition approval to apply for her H4 Visa.

[Raj Chandel]

Since she has left the US the extension of status application is meaningless. All she needs is your H1 petition approval to apply for her H4 Visa.

But my employer says they need to wait for the decision before applying for new H4. Can i withdraw her h4B extension request? Since she left the day her I94 expired she doesn't have concern being out of status. If i can withdraw her application, do i need to go via my employer?

[kabkaba]

Nothing needs to be done about the extension of status application. It makes no difference.