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  • Stamping Question

    We planning to attend H1 &H4 visa interview in July and have some questions regarding that.

    I am currently on H1B visa in USA and have two I797 documents. First I797 is valid until OCT’11 and other is valid from OCT-11 to Dec-13.

    My wife is currently on F1 status in USA which is valid till Sep-2011. We have applied for H4 change of status and it was approved from Oct ’11.

    Our visas on passports are expired last year.

    My question is if our visas are approved and stamped in Passport; can we re-enter back to USA in August on H1B and H4 visa status or do we need to wait till October. I would to know that visa validity start dates on passports for us to re-enter back to USA.

  • #2
    By showing both the approval notices, you can get the visa stamped until the extended petition expiry date. H4 approval notice which is valid from Oct 1st is of no use since you are leaving the country. Your dependents should also be able to get their H4 visa stamped as per your extended petition expiry date and enter U.S before Oct 1st. Remember to return all the I-94's when you leave the country (Including the ones that came with the approval notices).
    Not a legal advice. Use of this information is strictly at your own risk.

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