L2 visa stamping while I539 in process

[sskumar79]

Hello All,

My spouse(principal) i-129 was already approved, but kids and my I539 cases are still in process.

Can I visit India and get stamping using principal's approval though my petition result is still pending?

[newacct]

Your extension of stay application will be automatically abandoned when you leave the US. That's because you have no status when outside the US, so you have no status to extend anymore. The extension of stay application becomes moot once you leave, since the result no longer makes any difference. The next time you re-enter the US, you will be entering on the basis of your visa, which is independent of the status of your previous stay.

Why do you wish to get a visa? US visas are only for entry, so you don't need it if you don't need to leave the US and re-enter. Do you have some need to leave the US?

[Libra_14]

Can I visit India and get stamping using principal's approval though my petition result is still pending?

Yes, you can visit India & at the time of L2 visa stamping (if needed) show copy of I539 receipt proving you filed extension on timely basis.