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I am planning to travel to India next week till Aug 25th on my H1, along with my wife( H4 visa) and 4 months baby born here.
My H1 is valid till Nov 29 ( just assume I-797 WAC number is X ) and plan to get it extended as soon as I come back ( so I would get a new I-797 say with WAC number Y )
My question is, if my wife plans to stay for few more months and return on say Nov 15th, and if my new I-797 is still in progress or would have just arrived with say WAC number Y by Nov 15, then can she still come back on whatever H4 visa stamp she currently has ( which is tied to I-797 WAC number X ) ? Or should she wait till I get my new I-797 and get her H4 restamped in India ?
Thanks
My H1 is valid till Nov 29 ( just assume I-797 WAC number is X ) and plan to get it extended as soon as I come back ( so I would get a new I-797 say with WAC number Y )
My question is, if my wife plans to stay for few more months and return on say Nov 15th, and if my new I-797 is still in progress or would have just arrived with say WAC number Y by Nov 15, then can she still come back on whatever H4 visa stamp she currently has ( which is tied to I-797 WAC number X ) ? Or should she wait till I get my new I-797 and get her H4 restamped in India ?
Thanks
