Travel to India during H4 Extention

[rsashi]

My wife had some emergency to attend in India, so she travelled India when her H4 extension was in process.Her old H4 expired on Dec 20th and my company filled her H4 extension on Dec 4th.We got RFE on H4 extension as our counsel has forgot to submit some documents to UCSIS while filling H4 extension(She left india on Feb11th, we got RFE on Feb 15th).
Now my counsel says we will withdraw her H4 as she has travelled out of country when H4 Ext was in process(i.e before approval). My HR says your wife can take visa appointment for H4 visa stamping and just show my H1B extension approval and US Embassy will be able to give her H4 stamping with out need for H4 ext approval.
My question, is it k to go for H4 stamping just with my H1B extension approval. If so can US Embassy ask why u have stayed after 1-94 expiry . (She left India on Feb 11th)
Your suggestions are appreciated.
Thanks
sashi

[Subramanya]

H4 issues

My wife had some emergency to attend in India, so she travelled India when her H4 extension was in process.Her old H4 expired on Dec 20th and my company filled her H4 extension on Dec 4th.We got RFE on H4 extension as our counsel has forgot to submit some documents to UCSIS while filling H4 extension(She left india on Feb11th, we got RFE on Feb 15th).
Now my counsel says we will withdraw her H4 as she has travelled out of country when H4 Ext was in process(i.e before approval). My HR says your wife can take visa appointment for H4 visa stamping and just show my H1B extension approval and US Embassy will be able to give her H4 stamping with out need for H4 ext approval.
My question, is it k to go for H4 stamping just with my H1B extension approval. If so can US Embassy ask why u have stayed after 1-94 expiry . (She left India on Feb 11th)
Your suggestions are appreciated.

---- If you have the application for H4 dated Dec.4th, hold on to that and present it to the VO when you go for the interview (if requested). Carry the RFE and other relevant documentation to prove your status in the US

---- Otherwise, under normal cisrcumstances you should be able to get the Visa issued without the H4 approval notice from US

---- Also try and seek legal opinion in this matter since at best we can only give information based on experiences and other sources of information

Subramanya

[rsashi]

Thanks Subramanya for your response.

Our Law Consul is withdrawing my wife's H4 extension which was filled on Dec 4th as she is out of country before the extension got approved.Our HR suggests my wife can simply apply for her H4 visa appointment at the American Consulate and along with my original I-797 H-1B extension approval and evidence of the marriage plus her unexpired passport.
Can my wife get H4 visa stamped with out her H4 I-539 approval? She was in US for 2 1/2 years before on approved I-539.

Thanks
sashi

[Subramanya]

H4 issues

Our Law Consul is withdrawing my wife's H4 extension which was filled on Dec 4th as she is out of country before the extension got approved.Our HR suggests my wife can simply apply for her H4 visa appointment at the American Consulate and along with my original I-797 H-1B extension approval and evidence of the marriage plus her unexpired passport.
Can my wife get H4 visa stamped with out her H4 I-539 approval? She was in US for 2 1/2 years before on approved I-539.

---- I think the query was already responded. However, to repeat the same in different words H4 I-539 is only an application for H4 approval notice while you are in the US and not for a Visa stamp. The principal document required is a copy of your H1 I-797 when applying for a H4 Visa while in India

Subramanya