H4 travel with I-539 pending

[cooldude850]

Hi,

My employer had filed I-539 for my wife's H4 status extension based on my H1B approval notice. My wife had to leave for India for family reasons and will be applying for H4 visa before returning back to the US. She departed US before expiry of her I-94. Have couple of questions

1) After she comes back to US with new H4 Visa and I-94, what happens to the I-539 extension application which was filed before she departed the US?
2) I have read about the "last action rule". I am not sure whether it is applicable to her case. Can you please clarify?

Thanks.

[raghvi]

Hi,

My employer had filed I-539 for my wife's H4 status extension based on my H1B approval notice. My wife had to leave for India for family reasons and will be applying for H4 visa before returning back to the US. She departed US before expiry of her I-94. Have couple of questions

1) After she comes back to US with new H4 Visa and I-94, what happens to the I-539 extension application which was filed before she departed the US?
2) I have read about the "last action rule". I am not sure whether it is applicable to her case. Can you please clarify?

Thanks.

I539 is considered abandoned if one travels while it is pending. But I would still suggest you write to USCIS to cancel it.

This is my opinion not legal advice.

[cooldude850]

I539 is considered abandoned if one travels while it is pending. But I would still suggest you write to USCIS to cancel it.

This is my opinion not legal advice.

Thanks, The I-539 was filed by my employer. Can I write to the USCIS to cancel it or should I ask my employer? Is there any negative effect if it is not cancelled and is abandoned?