Travelling to India in emergency (H4 extension) biometrics on 30th April 2021

[varunrawal]

I am currently awaiting my H4 extension biometrics (slated on 30th april 2021) and in urgent situation, can I travel to India after my biometrics done. Would my case still be abandoned? or my spouse can send me the approval notice when it arrives (which eliminates taking a visa appointment)

And I can use the drop box to extend my visa. Please advise. Thank you for all the help.

[rkk09]

Hi,
If you have already visa and H4 approval now, then you will not have any issues travelling while petition is pending.. If you dont have visa, it got expired already and need to get visa at consulate then you will need to wait for H4 Approval.
Regarding Drop box, If you apply for same visa in same country, it is currently valid or expired past 48 months then you will be eligible for Drop box facility..
Note: The Answer i have given is three different dimension. If you correlate the Answers then it will be differed.
Thanks

[varunrawal]

My first H4 got expired August 2020, i applied for a EXT back in May 2020 and I am in USA till now. I finally got my biometrics letter for 30th April 2021. Can I leave USA after giving biometrics? What will I have to do to get my passport stamped (drop box or a visa appointment)? Thanks.

[varunrawal]

To explain this better

My H4 expired August 2020. Filed for extension with my spouses H1B, his got approved and I received the notice on May 5 2020. The biometrics is slated to happen 04/30/21. What are my options as I need to travel to India on emergency. Please help

1. I get the biometrics done and go to India. Would my case still be processed by USCIS or it will be abandoned
2. If the case gets abandoned, I would need to schedule a visa appointment (file DS 160 and try for an emergency visa appointment (family separation))
3. If USCIS still processes and send an approval (I539) can I use that to stamp my visa and how?(drop box)

Please suggest me a way out. Thank you.

[rkk09]

Hi,
Please see my response below.

I get the biometrics done and go to India. Would my case still be processed by USCIS or it will be abandoned
Answer: Yes.. It will be processed.. In case, USCIS wants to see additional documents, they may issue RFE.
If the case gets abandoned, I would need to schedule a visa appointment (file DS 160 and try for an emergency visa appointment (family separation))
Answer: I believe, you will not have any issues on H4 petition. But, I see some complications as your status got already expired and you had been in USA only with the help of H4 receipt notice. In this situation, per my knowledge, you will need to wait for H4 petition to be Approved in order to get visa from consulate..
If USCIS still processes and send an approval (I539) can I use that to stamp my visa and how?(drop box)
Answer: Yes.. If you get H4 Approval, with that you can obtain visa from consulate..
Thanks