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H4 stamping and I94

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  • H4 stamping and I94

    my spouse H1 is already renewed with new I797 after applying for extension just wanted to check While my H4/I94 extension is pending am I allowed to visit India ,
    If yes, do I need to fill out some form before travelling?
    My confusion is that usually in extension cases we get the same I-94 number as was received while entering US last time then once I leave US while the extension is pending and then come back with visa stamping , then I will received another I-94 , will this cause any problem and would indicate a gap in the status as my I-94 is currently expired?

    Also while my extension is pending if there is any change in my spouse employer then would my H4 extension be impacted? or it just matters that a vaid I797 should be attached to the H-4 application? or have to file another I-539

    Probably what I think if the change in employer happens when I am in India then a visa appointment should be made with the new I797 .
    Please clarify if anyone has idea of this situation.

  • #2
    Anybody has any idea on this else shouls I cosult an attorney on this matter.

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    • #3
      You should not travel until you receive your extended I-94 since your current I-94 has already expired. They normally give a decision in 2 to 3 months after filing. I assume an I-539 was filed by you or on your behalf.

      For Visa application, you have to use the H1 petition corresponding to the employer your spouse is working for at the time of the interview.
      This is my opinion and not legal advice.

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