Stamping for travelling outside US

[waitingforgc04]

Hi,
We have applied for 7th year extension in Feb'04. I am on H1-B and my wife is on H4.

The question is Can my wife's I-539 get cleared before my H1-B extension.
They are currently doing Feb'04 for I-539 and Nov'03 for H1-B extensions.

Secondly, if yes can we send her papers for Stamping to St Louis/Washington before I get mine and can she travel outside the country without me?

Thanks

 

[ginnu]

Hi,
We have applied for 7th year extension in Feb'04. I am on H1-B and my wife is on H4.

The question is Can my wife's I-539 get cleared before my H1-B extension.
--NO
They are currently doing Feb'04 for I-539 and Nov'03 for H1-B extensions.

Secondly, if yes can we send her papers for Stamping to St Louis/Washington before I get mine and can she travel outside the country without me?
------- they will not extend her H4 BEFORE your H1 extension as it is linked to your H1 extension, if you dont get H1 extension H4 will not get extension. I hope you filed your H1 and your spouse H4 was filed on same date , if that is true , then they may approve both the cases on same date
Thanks

 

[waitingforgc04]

Thanks ginnu,
That is what I thought, that her I-539 cannot be extended before mine.
Yes, we did file it on the same date.

So, will her have to wait till mine gets up in the queue, or will they look at mine earlier since her is linked to mine and her comes up first?

Thanks

 

[ginnu]

If both the cases were filed on same date and in same envelope then first they will approve your H1 extension then your wife H4. both may be approved on same date.