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H4 visa validity less than I-797 with I-94 validity equal to I-797

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  • H4 visa validity less than I-797 with I-94 validity equal to I-797

    Hey guys! I have a strange problem that I couldn't find an answer for just by Google

    I'm a citizen of India and my wife is from Mexico. I have a H1-B valid until Sept 2021 with an approved I-140. She has an H4 visa which she obtained by flying back to Mexico and getting the visa at a border station, where she was given a visa with 1 year validity (upto January 2020) but an I-94 with same validity as my H1-B, i.e., Sept 2021. We just received the EAD approval for her too, until Sept 2021

    We're planning on traveling to India in December, returning the first week of January. My questions are:
    1. Will she have any issues entering the country in the first week of January if her visa expires last week of January?
    2. Can we go for her H4 stamping visa in India at a time that her visa is valid? This stamping will have to be on the same I-797 as before
    3. Is there anything else that we'd have to worry about?
    Thanks for looking!

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