Shervin or other Senior Members Please respond!!!

[bbull]

My wife was in H1 status till Mar 2011. She changed her status from H1 to H4 in Mar'11 in US and got her new I797 with a I94 valid till Nov 2012. This validity period was based on my H1 validity back in Mar'11 when she transferred from H1 to H4.

Now earlier this year, my company extended my H1 which extended my validity till Oct 2014. However, my company forgot to apply for my wife's extension. She is still in status as her I797 I94 has not expired and she has gone to india in July 2012

Now she is in india going for H4 stamping with her I797 valid only till Nov'12 and my I797 valid till Oct2014.

1. Will there be any issues in stamping?
2. Will she get stamp until Oct'14 based on my validity or will it be based on my wife's I797 i.e. Nov 2012.

Also when she goes to the consulate does she need to submit only my I797 or does she need to submit both her I797 and mine.

Anyone in a similar situation or similar experience please share your thoughts.

[kabkaba]

Her change of status approval notice means nothing once she leaves the US, it can be safely kept in a file. All she needs is your approval notice to apply for her Visa. Visa validity will be based on the H1 petition.