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H4 Stamping with I539 Pending

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  • H4 Stamping with I539 Pending

    Hi All,

    I am currently in USA on H1B visa with my wife on H4 visa. In Nov 2014 we applied for visa extension, mine got approved as it was premium processing, but her H4 visa extension request is still pending with USCIS since almost last four months. Next month we are planning to go to India. Please clarify following:
    1. If we go to India, please suggest how should be take care her case?
    2. If we go to India, can we both go for stamping with her request still pending?
    3. Do we have to revoke her pending request before going for stamping or after stamping?
    4. Is there any way we can fasten her pending request to get approved?

    Any suggestions will be great help!!!

    Thanks
    Gaurav

  • #2
    Originally posted by singla View Post
    Hi All,

    I am currently in USA on H1B visa with my wife on H4 visa. In Nov 2014 we applied for visa extension, mine got approved as it was premium processing, but her H4 visa extension request is still pending with USCIS since almost last four months. Next month we are planning to go to India. Please clarify following:
    1. If we go to India, please suggest how should be take care her case?
    2. If we go to India, can we both go for stamping with her request still pending?
    3. Do we have to revoke her pending request before going for stamping or after stamping?
    4. Is there any way we can fasten her pending request to get approved?

    Any suggestions will be great help!!!

    Thanks
    Gaurav
    Surprising that your H1 got approved while hers is still pending for over 4 Months, did you not apply them together? When did her I-94 expire?

    1 & 2. I dont see any harm in both of you going for stamping.
    3. Send a letter to cancel the extension request as you two are traveling and plan to attend visa interview.
    4. Unfortunately there is no premium processing for dependent visas I dont think you can take a Infopass appointment with USCIS for H4, check with your lawyer.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Surprising that your H1 got approved while hers is still pending for over 4 Months, did you not apply them together? When did her I-94 expire?

      1 & 2. I dont see any harm in both of you going for stamping.
      3. Send a letter to cancel the extension request as you two are traveling and plan to attend visa interview.
      4. Unfortunately there is no premium processing for dependent visas I dont think you can take a Infopass appointment with USCIS for H4, check with your lawyer.

      This is my opinion not legal advice.
      did you go for stamping? how was experience with consulate?

      Comment

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