Need immediate advice on H4 stamping on approved Petition when I539 in RFE

[PramodV]

Hi All,

Need expert advice on H4 stamping. I am on H1, approved till Apr 2019. For wife, couldn't get in premium last year so filed I539 separately in Jun 2017.
Her I94 expired on Jul 27, 2017. She has to urgently go to India in Jan 2018 till that time I539 was not picked for processing.
We tried getting the petition cancelled but Company Immigration team asked to wait for approval.
Now we got RFE for her, asking my paystubs.

Pls advice if I can still cancel the I539 and let her stamp using my approved Petition?

Thing is my Company immigration team (which I think are too much in policies and rules) says that if I book Visa stamping then that time Consulate will check and
they will find out that a I539 petition is already in place and they might reject the Visa stamping.

Pls clarify. Its been more than 2 months and lack of clarity is troubling a lot.

thanks

[newacct]

Hi All,

Need expert advice on H4 stamping. I am on H1, approved till Apr 2019. For wife, couldn't get in premium last year so filed I539 separately in Jun 2017.
Her I94 expired on Jul 27, 2017. She has to urgently go to India in Jan 2018 till that time I539 was not picked for processing.
We tried getting the petition cancelled but Company Immigration team asked to wait for approval.
Now we got RFE for her, asking my paystubs.

Pls advice if I can still cancel the I539 and let her stamp using my approved Petition?

Thing is my Company immigration team (which I think are too much in policies and rules) says that if I book Visa stamping then that time Consulate will check and
they will find out that a I539 petition is already in place and they might reject the Visa stamping.

Pls clarify. Its been more than 2 months and lack of clarity is troubling a lot.

thanks

If she left the US, she has already abandoned her Extension of Status application. She can of course go to get a visa at the consulate. Having applied for an EOS in the US is irrelevant to her getting a visa.