My wife’s H1B visa was maxed out on 06/15/2018 (end of 6 years cap).
Prior to her visa expiry, we have applied for her change of status (I-539) from H1B to H4 based on my H1B petition which was expiring on 08/16/2018.
Primary H1B extension filed with H4 extension
This COS application is still pending with USCIS. Later on 08/01/2018 my employer filed my H1B extension along with my wife’s H4 extension (based on the pending change of status application) and H4 EAD.
H1B extension approved, H4 extension pending
Recently my H1B extension got approved, but my wife’s H4 extension and H4 EAD applications are still pending with USCIS.
2 H4 i539 pending
In total there are two I-539 applications pending for my wife. I have got my H1B extension approved till 06/11/2019.
H4 stamping in India?
Now my wife wants to go for a trip to India, when I stay in US. She will have to go for H4 stamping.
With my wife’s multiple pending I-539 cases, what are the chances of getting her H4 stamped in India?
With the increasing cases of admin processing and 221-G in India, we are planning to go to Canada together where we want to stamp both my H1B visa and my wife’s H4 visa.
What are the chances of getting both H1B and H4 stamped in Canada?
Your wife can go for H4 stamping. There is no problem.
Just apply for withdrawal of both i539 applications once she gets H4 stamped using this withdrawal letter:
Thanks Anil for your response. In my case I work for a leading American staffing firm and for a direct client (no C2C). We are weighing the risk between Canada and India.
Because of delay in processing H4 and H4 EAD, my wife decided to get her H4 stamped in India. She traveled to India last weekend and her H4 visa interview is scheduled for 27-Nov-2018. Today (11/22/2018) I see in USCIS website that her H4 EAD application status is updated to "New card is being produced" and the change of status application (first I-539 got approved). However there is no update on the H4 extension (2nd i-539 form). Now is it safe to go for H4 stamping on 27-Nov-2018 or she would reschedule the appointment? Will it raise any red flag for her that her H4 EAD got approved when she is out of US (for last 5 days now)? Will she expect any question in the consulate for this situation? What should be her stand on this?
Earlier you mentioned that we should withdraw the petitions after the H4 stamping done. But the H4 EAD got approved prior to the visa interview which was not expected from our end. What should we do?
Well, your wife is lucky that her H4 COS and H4 EAD got approved even though she traveled outside USA.
I suggest to go for stamping as scheduled as USCIS might realize their mistake and may reverse their decision later.
So, it’s better to get stamping done to be on safer side in your case.
Your wife should tell the truth if the visa officer asks about H4 COS and H4 EAD approvals.
She should not lie and it’s not her mistake.
My wife got her H4 visa stamped. I have a question. She has 6 months of visa. Will there be any issue at the port of entry if she travels after 2 weeks when she would have less than 6 months of H4 visa?
Both my wife’s COS and H4 EAD card got approved around the same time. I believe the I-539 first and in another 2 days EAD was approved. It was done last year Nov-2018.