Need help on H4

[carnation]

Hi
I am on H1b and my wife is on H4. My visa was expiring during February 2015 and therefore my employer filed for H1 extension (I797) in November 2014. Since my wife was not there in USA at that time, they only filed my extension. My wife came to USA in December 2014 and her extension (I539) was separately filed by my employer during late January 2015. Few weeks after that my H1b extension (I797) was approved and my wife's extension was showing as "Case Received" in USCIS website. But my wife had to leave USA during late February 2015 due to some personal exigency.

Now my questions are -

- Can my wife go for H4 stamping in India with my H1/I797 extension approval or she will have to wait till her H4/I539 gets approved?
- What other righteous options do I have to bring her here in USA?

I will really appreciate any help on this.

[raghvi]

Hi
I am on H1b and my wife is on H4. My visa was expiring during February 2015 and therefore my employer filed for H1 extension (I797) in November 2014. Since my wife was not there in USA at that time, they only filed my extension. My wife came to USA in December 2014 and her extension (I539) was separately filed by my employer during late January 2015. Few weeks after that my H1b extension (I797) was approved and my wife's extension was showing as "Case Received" in USCIS website. But my wife had to leave USA during late February 2015 due to some personal exigency.

Now my questions are -

- Can my wife go for H4 stamping in India with my H1/I797 extension approval or she will have to wait till her H4/I539 gets approved?
- What other righteous options do I have to bring her here in USA?

I will really appreciate any help on this.

- She need not wait for her H4/I539 approval.
- Going for fresh H4 visa stamping along with your H1 I797 is the right option.

This is my opinion not legal advice.

[carnation]

- She need not wait for her H4/I539 approval.
- Going for fresh H4 visa stamping along with your H1 I797 is the right option.

This is my opinion not legal advice.

Thanks Raghvi for your response. However I would like to be double sure that if I initiate my wife's H4 stamping with my I797 extension, will not that create any conflict with her I539 application which was filed while she was in USA? Can that lead to denial for her H4 stamping OR any legal complication?

Please confirm.