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Original approval notice for H4 Visa

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  • Original approval notice for H4 Visa

    Hi Experts.

    Not sure if any one encountered this situation.

    My 6 th yr visa was going to expire on Sep 30 th 2012 and My labor was in audit so my employer has recaptured the out of USA stay period (11 months +). That time my spouse was in home country (India).
    My employer has filed extn for only me (H1B) and got approved. And also I received original approval notice (I-797).
    My spouse who is on H4 visa returned back to USA on Sep 21 st 2012 (before expiry date). And my employer applied h4 extn for her. But as per my employer USCIS said NO need to apply h4 extn because at port of entry officer has given new Expiry date on I-94 to my spouse also which is SEP 30 th 2013.
    I asked my employer to send the original i-797 approval notice for H4, but he says he did not receive anything like that.

    So just wondering in this scenario USCIS does not send the approval notice for h4 ?

    Please let me know. Thanks.

  • #2
    If her I-94 already matches your petition expiry, there is no extension necessary.

    However, if your employer did file an extension for her and USCIS 'said' that it is not necessary, USCIS must have sent some letter stating the same. You can ask for a copy of that letter.
    This is my opinion and not legal advice.

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