H4 question. Spouse applied for AoS from B2 to H4. They have stayed past the B2 6 month stay period since they are waiting on their AoS. Considering it's taking up to a year, can spouse travel to home country to appear for an interview for H4? Will the fact that they overstayed on B2 (based on pending AoS) be seen as a negative at interview?

Waiting on lawyer response since last week so thought I'd ask here.

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Their status is “tolled” with a pending change of status petition (539). So they are protected from accruing unlawful presence by overstaying. They should be patient and wait here until approved if they can. If they just travel, understand getting a visa appt in India may be difficult. They may have to qualify for an emergency appt request which has specific criteria. They shouldn’t have an issue getting H4 visa bc timely filed 539 tolls the status while USCIS processes the request.

Also keep in mind there’s a ban on issuing new H visas until March 31st.

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