Can my wife leave the US and apply for new H-4 visa based on my approved I-797 petition? 5 Answers as of January 25, 2011

Can my wife leave the US and apply for new H-4 visa based on my approved I-797 petition, while her I-539 is pending? If she can do it, do we have to write to USCIS to cancel the I-539 or is it canceled automatically when she leaves the country?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes she may leave and apply for H-4 visa overseas at the consulate. It is a courtesy to notify USCIS that you are withdrawing the application as she will be leaving the U,.S. and obtaining her visa overseas.
Answer Applies to: California
Replied: 1/25/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
If your H-visa status get approved your wife can apply for her H-4 abroad.
Answer Applies to: Florida
Replied: 1/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
I-797 is just a notice from USCIS. It will be issued on all kinds of petition. What petition are you talking about? The bottom line is if you go out and have no visa to come back, you will not be ale to take advantage of I539 if an interview will be scheduled for you. Again, more specifics are needed for better assessment of your case. Good luck!
Answer Applies to: Florida
Replied: 1/21/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
1. She can obtain an H4 from US Embassy of her home country even though the I-539 is pending. Please note that if she was out of status for more than 180 days this would not be a good option as she will be barred 3 years.

2. You do not need to cancel the I-539. Leaving the US automatically cancels the I-539.

3. Bring I-539 filing receipt to show that she had filed for change of status/extension of status before her I-94 expired. Make a copy of the I-94 before surrendering it to the airline.
Answer Applies to: California
Replied: 1/21/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes she can do so. She will need to schedule an appointment at the consulate. She should check the consulates website for instructions each consulate has different procedures. She should have your I-797 approval notice, a copy of your I-129F Petition, and proof that you are currently employer (a letter from your employer is sufficient).

The I-539 becomes irrelevant once she leaves the U.S.
Answer Applies to: California
Replied: 1/21/2011
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