My H1B extension is on the way and H4 + EAD extension will go along with it. My wife is planning on visiting India during that time. She has a valid visa stamp until 04/16/2020. Can she go for biometrics appointment outside USA?
Well, technically she could…but, it is easier to walk-in and get the biometrics done soon after you get the receipt notice. I have not see any users take this route, but on paper, you can, the guidance is given on the form that you can attend at a US embassy.
Also, if she plans to go out, might as well get H4 stamping done and then apply for H4 EAD after she enters, as the delays are long…
Would she not have to file I-539 when she comes to US after H4 visa stamping and go through the biometrics?
Also, can one walk in for bio metrics once receipt notice is received?
No need to. If she goes for stamping and gets H4 stamping done in India.
Yes, many application centers have accepted walk-in appointments…You may need to try couple of places…
I called USCIS earlier and they told me if she gets visa stamping from India then she will have to file I-539 when she comes back to the US.
Can it be confirmed that she won’t need I-539 and biometrics in US if she gets H4 visa stamping from India?
No, it is not needed. You already have H4 stamping, so there is no need for filing I-539 again.
Just look at I-539 form requirement, it says to extend or change status. You get H4 status when you go for stamping, get it approved and the same comes on your I-94 as H4 status, when you enter US showing the same…So, you already have status, so no need for I-539 form.
You can talk to an attorney and confirm the same, if you are in doubt.
I spoke to an attorney and they confirmed it. Thanks for such a great help.