H4 Stamping with previous Valid I-797A

USA H1B
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#1

Hello Sir,

Thank you for your continued support.

5 months before I switched to another company so got new H1B extended date, During that time I also applied for H4 Extend/Change of status for my spouse just to get additional extension for her as well. My spouse’s previous H4 I-797A is valid until February 5th 2023 and on that notice I-94 is valid until February 15th 2023.

But her latest H4 Extend/Change of status case is still showing “Case was Received” so it might take 3 or 4 months to get update.

But with previous H4 I-797A which is valid until Feb 2023, Can she apply for stamping date to travel back to India and come back again?

I am in doubt so just want to get confirm from you.

#2

She don’t really need her I-797 for H4 visa stamping. Rather she can use copy of your (primary h1B) I-797 to get her visa stamped. When she enters back, at the port of entry, the CBP will issue her a new I-94 that will match the expiry date of your current I-797.
Make sure her passport is valid 6 month beyond the expiry date on your I-797, otherwise she will get a shortened validity on her I-94.

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