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  • H4 Stamping ad Travel

    My H1 and my spouse's H4 is till Dec 2015. My Spouse is in India at this moment.
    Will be filing my H1 extension and should be receiving the I797-C approved notice post that. This will extend my stay 240 days more than Dec 2015 till my Petition gets extended.

    Since H4 can be stamped on H1's i94 can my spouse stamp her H4 around Dec based on my new i94( 240 days after Dec 31)and enter US post Dec?

  • #2
    Originally posted by Gunjan Mukherjee View Post
    My H1 and my spouse's H4 is till Dec 2015. My Spouse is in India at this moment.
    Will be filing my H1 extension and should be receiving the I797-C approved notice post that. This will extend my stay 240 days more than Dec 2015 till my Petition gets extended.

    Since H4 can be stamped on H1's i94 can my spouse stamp her H4 around Dec based on my new i94( 240 days after Dec 31)and enter US post Dec?
    I797-c is just the receipt actual approval is I797B or I797A. I also didnt understand what you meant when you say "This will extend my stay 240 days more than Dec 2015 till my Petition gets extended.".

    Why only 240 days?

    This is my opinion not legal advice.

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    • #3
      To get the H4 stamped, your I-94 is not required. Your valid I-797 is what is needed. Your wife's H4 visa will be issued until your I-797's expiry date (as long as her passport is valid for more than a year as of the date of visa interview). Rest of your post related to 240 day extension is very confusing and irrelevant to this reply.
      Not a legal advice. Use of this information is strictly at your own risk.

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