Urgent Query: Expired H4 for spouse, valid approval copy for H1B holder with i797

[CuriousIndian]

Hi All,

My wife initially came to US on H4 but subsequently received H1 from US based employer. She is now on Maternity leave and is quitting her job on Jan 31 to travel to India.
In India we plan to go for stamping wherein my spouse would like to come back on H4 based on my valid H1.

Does she have to initiate new H4 visa or can she go for stamping with me based on my i797 approval copy?
Any help in this regard would be very highly appreciated.

Thank you in advance.

[raghvi]

Hi All,

My wife initially came to US on H4 but subsequently received H1 from US based employer. She is now on Maternity leave and is quitting her job on Jan 31 to travel to India.
In India we plan to go for stamping wherein my spouse would like to come back on H4 based on my valid H1.

Does she have to initiate new H4 visa or can she go for stamping with me based on my i797 approval copy?
Any help in this regard would be very highly appreciated.

Thank you in advance.

I didnt understand the part where you say "Does she have to initiate new H4 visa or can she go for stamping with me based on my i797 approval copy?" till when is her H4 visa in the passport valid? Till when is your I797 valid?

[CuriousIndian]

I didnt understand the part where you say "Does she have to initiate new H4 visa or can she go for stamping with me based on my i797 approval copy?" till when is her H4 visa in the passport valid? Till when is your I797 valid?

Her H4 expired in Dec 2013. She started working on H1B from Jan 2012 onwards. Currently she is on Maternity leave and plans to quit her job on Jan31.
She plans to come back on H4 based on my i797 which is valid through July 2017.

[raghvi]

Her H4 expired in Dec 2013. She started working on H1B from Jan 2012 onwards. Currently she is on Maternity leave and plans to quit her job on Jan31.
She plans to come back on H4 based on my i797 which is valid through July 2017.

She can go for her H4 stamping with you or without you. Each of you would fill a DS-160 and pay fees accordingly.

Remember, once kid is born, the kid will need a visa too.

This is my opinion not legal advice.

[CuriousIndian]

Thanks

She can go for her H4 stamping with you or without you. Each of you would fill a DS-160 and pay fees accordingly.

Remember, once kid is born, the kid will need a visa too.

This is my opinion not legal advice.

Thanks for your reply.
Yes we got OCI for US born kid.
Can she go for H4 stamping after filing DS-160 although her H4 is expired? Or do we have to file for a new H4 for her? I will be traveling with her and we plan to go for stamping together.

[shervin143]

H4 approval notice is not required to get the H4 visa stamped. H1B approval notice is what is required.

Thanks for your reply.
Yes we got OCI for US born kid.
Can she go for H4 stamping after filing DS-160 although her H4 is expired? Or do we have to file for a new H4 for her? I will be traveling with her and we plan to go for stamping together.