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H4- Traveling abroad while I-539 application is pending

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  • H4- Traveling abroad while I-539 application is pending

    I am on H-1B and my wife and daughters are on H-4. Their visa was valid upto 26th Feb 09. We have applied for 3 years extension of status on 9th February. We recieved RFE to send copy of spouse's approval notice I-129 before 24th May. Which we have already sent. Due to my mother's health we all have came to India on 30th May.
    Now as my wife's I-539 application was pending and we travelled outside the country and online case status shows application is on hold as their record indicates they have not recieved response.
    As we are out of country and intend to get new US visa stamping on their passport, can we abandon our I-539 application? Would you mind to advise me what actions I should take?

    Regards,

    Manan

  • #2
    I am on H-1B and my wife and daughters are on H-4. Their visa was valid upto 26th Feb 09. We have applied for 3 years extension of status on 9th February. We recieved RFE to send copy of spouse's approval notice I-129 before 24th May. Which we have already sent. Due to my mother's health we all have came to India on 30th May.
    Now as my wife's I-539 application was pending and we travelled outside the country and online case status shows application is on hold as their record indicates they have not recieved response.
    As we are out of country and intend to get new US visa stamping on their passport, can we abandon our I-539 application? Would you mind to advise me what actions I should take?

    ---- If you have a valid H1 petition (I-797 approval notice) with you can apply for H4 visa at a US Consulate in India for your family and return to US. The I-539 that you applied while in the US can remain as it is. Once you are in the US, you can write a letter to the USCIS to withdraw the I-539

    Subramanya

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    • #3
      did you go for stamping? how was experience with consulate?

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