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Withdrawing pending I-539 after H-4 visa stamping and new I-94 issuance

8 months ago By Chief Editor

Question details

My spouse traveled to India and successfully completed her H4 visa stamping at the US consulate, which is now valid for next 2 years. Prior to her departure, she submitted an I-539 application for an H4 extension with USCIS. However, since she is returning to the United States, she will receive a new I-94 upon her arrival. Given that her I-539 application is still pending with USCIS, I would like to know the process for withdrawing the I-539 application.

We have filed her I-539 application online and it is still pending with USCIS.

We want to avoid any potential conflicts with her I-94 status in case USCIS approves her application after she arrives back in the US (new I-94 that she will receive at port entry and old I-94 if USCIS approves).

FAQ Transcript

If an I-539 application (likely for H-4 extension in this context) is pending and the applicant travels outside the US and obtains an H-4 visa stamp, the pending I-539 is automatically abandoned. However, it's advisable to formally withdraw the I-539 to ensure clean records. To do this, the individual should contact USCIS customer service and request the withdrawal. They may be instructed to send a notarized letter, or it might be possible to do it over the phone.

Read more about Withdrawing pending I-539 after H-4 visa stamping and new I-94 issuance