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H4 I797A requirement

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  • H4 I797A requirement

    Hello Madam/Sir

    I am on H1 and my wife is on H4 visa. Our visas are valid till July 2018 and both of us have it on our passport. My employer applied for my extension and I received the approval notice. Now I have an I797 that is valid until 2021. We are going to India in march and as I qualify for the visa waiver program, I am planning to use the dropbox and get the visa stamped on our passports. I have already paid the fees for through US travel docs.

    One thing I see in the "required documents" list for H4 is the "H4 I-797A copy" for the H4 dependent. I am confused if I have to apply and get a separate I797 for my wife. Should I apply for I539 to get my wife's visa extended while I am in the US before going to India? I am leaving to India in 2 weeks and I don't think I can get the I539 approved. Please help.

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