Hi I've my H4 visa valid through September 2016. I desire to travel to India in but I don't have the visa stamped on my passport. And I have renewed my passport in 2014. I have my I797 valid through September 2016 with me. So do I need to get my visa stamped on my passport before I come back to US. ? If yes then Do I need to go to the U.S. consulate in person or it can be done online. The last time I got my visa stamped was in 2012 when I visited India with my spouse who's H1 visa holder. And this time I'm planning to travel without him. Is it advisable to travel alone in this situation when I have my new passport and valid I797 which expires in September 2016? And what's about the visa stamping? Thanks..!
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Originally posted by Trupti Vaja View PostHi I've my H4 visa valid through September 2016. I desire to travel to India in but I don't have the visa stamped on my passport. And I have renewed my passport in 2014. I have my I797 valid through September 2016 with me. So do I need to get my visa stamped on my passport before I come back to US. ? If yes then Do I need to go to the U.S. consulate in person or it can be done online. The last time I got my visa stamped was in 2012 when I visited India with my spouse who's H1 visa holder. And this time I'm planning to travel without him. Is it advisable to travel alone in this situation when I have my new passport and valid I797 which expires in September 2016? And what's about the visa stamping? Thanks..!
Yes you would have to get a new visa.
Visa, and petition are two different things. You need a valid visa in passport to be allowed entry into US. A valid I797 by itself is not enough to get entry into US.
If you want to re enter US, and you dont have a valid visa in passport, you would first need to get your passport stamped with a new visa.
There is something called as Interview waiver program, wherein, if you are eligible, you need to fill the DS-160 online, pay the fees online, and drop your passport along with the relevant documents at specified locations. The consulate if found your documents valid, would return the passport with a H4 visa, at specified locations from where you can go and collect. Check your eligibility for availing this facility. http://www.ustraveldocs.com/in/in-niv-visarenew.asp
This is my opinion not legal advice.
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