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H4 I797A with I 94 lost - Dont have copy aswell

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  • H4 I797A with I 94 lost - Dont have copy aswell

    Hello experts ,

    I am going for H1 visa stamping in next 10 days along with my wife as dependent . I have all my documents including I 797A but my wife lost her I 797A which has her latest I 94 aswell .

    Question here is : Is I 797A document of my wife needed for H4 stamping ?

    I got my H1 transferred last year and then I filed my wife H4 extension by myself . I dont have any copy of her I 797A approval.

    Please advise .

    Thanks

  • #2
    Originally posted by Manik Dhakate View Post
    Hello experts ,

    I am going for H1 visa stamping in next 10 days along with my wife as dependent . I have all my documents including I 797A but my wife lost her I 797A which has her latest I 94 aswell .

    Question here is : Is I 797A document of my wife needed for H4 stamping ?

    I got my H1 transferred last year and then I filed my wife H4 extension by myself . I dont have any copy of her I 797A approval.

    Please advise .

    Thanks
    What was the context under which she did get a I797A? Did you file extension while in US and received I797A?

    Technically you dont need your spouse's I797A in order to go for fresh H4 stamping for her. But yes, you may need it in future to prove that she was in valid status while in US.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      What was the context under which she did get a I797A? Did you file extension while in US and received I797A?

      Technically you dont need your spouse's I797A in order to go for fresh H4 stamping for her. But yes, you may need it in future to prove that she was in valid status while in US.

      This is my opinion not legal advice.
      I got my H1 transferred last year and got my I 94 also extended in that transfer process . My employed didnot apply for my wifes I 94 extension and hence I applied for her I 94 extension .
      Her extension got approved and USCIS sent I 797A with extended I 94 though the I 94 number was same and I lost that document .

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      • #4
        Any body else is having any other view ?

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        • #5
          H4 petition and I-94 are not needed for H4 visa stamping. To get the H4 visa stamped, all that she needs in your H1B approval notice. But returning the I-94 during the exist from U.S is important. The approval notice would have clearly states that the I-94 should be removed from the approval notice and stapled to the passport. Why was that not done? Didn't you even take a soft copy or a scanned copy of such an important document?
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Originally posted by shervin143 View Post
            H4 petition and I-94 are not needed for H4 visa stamping. To get the H4 visa stamped, all that she needs in your H1B approval notice. But returning the I-94 during the exist from U.S is important. The approval notice would have clearly states that the I-94 should be removed from the approval notice and stapled to the passport. Why was that not done? Didn't you even take a soft copy or a scanned copy of such an important document?
            Thank you for your response . I think after the paper I 94 is stopped , you dont need to submit I 94 while departing . DHS will automatically update it from Airline records .
            I agree , its a mistake from my side I didnot keep a copy with me .

            Comment


            • #7
              Paper I-94 is not issued only when enter U.S at the POE. I-94s are always issued when with your extensions and COS. If the I-94 numbers between your entry and extension are same (They are usually the same), then the exit record will get updated based on your exit. If they are different for some reason, then the exit record for the lost I-94 will not get updated properly.

              Originally posted by Manik Dhakate View Post
              Thank you for your response . I think after the paper I 94 is stopped , you dont need to submit I 94 while departing . DHS will automatically update it from Airline records .
              I agree , its a mistake from my side I didnot keep a copy with me .
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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