Can I go for stamping to expedite H4 extension that is currently pending?

USA
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1

Hello:

My H1 extension was approved via premium processing (Nebraska Service Center). Unfortunately my spouse’s H4 extension got an RFE (missing marriage certificate) and because of this H4 EAD is pending. USCIS has received the H4 RFE response but I’m worried about the long wait times. 2.5- 4 months to get the extension approved and then another 2-5-4 months to get EAD approved. This could impact her job. So my questions are:

  1. Have there been situations where USCIS processes H4 extension and H4 EAD concurrently? I know that is the case when it is bundled with H1 premium processing.
  2. Has anyone received their approval after an RFE in 60 days?
  3. Can I go for H1 and H4 visa stamping with a pending H4 extension/I539? Will that expedite the process?

Thanks

2

You can go for H4 visa stamping even when H4 extention is pending with USCIS.

3

Thank you for your response! I guess I would have to restart the H4 EAD process, right? Would USCIS consider that as abandoned if my spouse and I leave the country?

4

I have covered this scenario of travel while H4 and H4 EAD are pending here. Please read.

5

Thanks Anil! Your feedback is helpful. My spouse and I have valid stamps till August 13, 2019. We are going to India in late June and so could get stamping then but I’m concerned that this would delay the H4 EAD. So the next option is to go to Mexico soon and get H1 and H4 stamping done.

If we were to go in May to Mexico would the consulate cancel our existing visas? I guess not but I didn’t want to be in a situation where we could not renter the US.

My case so far (concurrent filing/premium processing):
March 20: I-129, I-539, I-765 applications recieved
March 27: H1 I129 approved
April 4: H4 RFE response received