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Travel on H4 visa when dependent

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  • Travel on H4 visa when dependent

    I have a question about my wife’s visa situation. She has a stamped H4 visa valid till 10 Jan 2021 and few days back she got her approved I797A. She is now serving her notice period in India which ends on 15th Sept and plans to travel on 20th Sept to US. Will she be allowed to enter US on her stamped H4 visa? I am asking this question as her H1B comes into effect from 1st Oct 2020 and wondering if that will have any impact on her travel to US?

  • #2
    Your question does not make sense. I797A is for COS i.e., the individual is already in the US and changing status. That does not seem to be the case for your wife. If she is admitted on her H4, she will be in H4 status until you file a COS to H1 and it has been approved. If the I797A was from a previous visit when she was in the US and filed COS, that petition has become void when she left the US. So this I797A may have been a mistake on USCIS' part and hence, "she does not have a H1".
    Just an opinion; Not legal advice.

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