H4 stamping in India without I-539 approval

My wife and kid are currently in US along with me. We all applied for extension recently, and I-129 got approved for myself but I am still waiting for I-539 approval for dependents.

  1. Can my travel to India and apply for H4 visa stamping for dependents based on my I-129 approval ?
  2. If yes, what happens to their I-539 ?
  3. Do I need to withdraw I-539 before exit from US ?

You can travel to India and get H4 visa stamping based on your I129 approval for H1B.

I-539 will be denied or receive RFE once H4 travels outside USA.

It is your choice to withdraw I-539 once you leave US.

Thanks Anil. One clarification - does it matter if H4 travels after I-94 expiry ? In my case H4 will travel after I-94 expiry, hence I think I-539 should not be withdrawn, else it might be considered as being out of status.

That’s fine too even if you don’t withdraw.

I have another query. In my case, my dependents I-94 expire on 20th June 2019, while we are planning to travel to India on 25th July.
When I539 gets abandoned automatically after departure, what happens to the length of stay after I-94 expiry ? i.e. from 20 June to 25 July ? Is it considered out of status ? If yes, what could be the impact ?

No issues. The time is not counted ‘out of status’.