Approved I-539 but applicant not in the US

[prvindia]

Hi all,

My employer applied L1 to H1 (COS) for me and I-539 for my dependent spouse (L2 - H4 COS). Both the applications got approved but my wife had left the US (actually even before applying but the attorney did not know) before the approval came. The I-539 approval notice states she needs to handover the attached I-94 to the immigration authorities.

I think the USCIS has assumed she was still in the US and approved the application.

Now that my spouse is already out of the US, what do we do with the new I-94 with H4 status? She plans to come back to the US in November 2011 with new H4 visa.

Would really appreciate if someone clarifies the implications and what can be done.

Thanks

[shervin143]

Take a copy of that I-94 and return it to the CBP. Include a letter mentioning the issue and documents supporting that she is currently out of U.S. Check the below link.
https://www.immihelp.com/returning-u...4-form-to-cbp/

[prvindia]

Great. Thanks very much for the information. I will send the documents along with I-94 and a letter.

Thanks again for the help!