I-539 Pending. Can i travel to India?

[ekkatip]

My wife I-94 expired on jan 13th 2004. I applied for i-539(for her) for extention of stay in dec 2003.(Applied before expiry of i-94)


I-539 is still pending with INS. we need to travel to my home country.
1)Can we leave the country before her i-539 approval.
2) if she leaves will she face any problem at POE while comming back.
3)Do i need to withdraw her I-539 application if we leave the country.

 

[ginnu]

My wife I-94 expired on jan 13th 2004. I applied for i-539(for her) for extension of stay in dec 2003.(Applied before expiry of i-94)


I-539 is still pending with INS. we need to travel to my home country.
1) Can we leave the country before her i-539 approval?

---- Yes SHE can travel but will need H4 visa stamp in Passport for coming back to US, she needs to get H4 from US consulate based on your H1
2) if she leaves will she face any problem at POE while comming back.
----no problem if she gets H4 visa stamp and enter with valid H4 visa stamp
3)Do I need to withdraw her I-539 application if we leave the country.
---- no need to withdraw
** Better take the I-539 or her H4 extension filing receipt with you, once she goes for H4 visa stamp and she can show that she was in valid status before departing US (IF asked)