H4 Valid visa with old employer and valid I797 is stamping needed plz help

[reenu81]

I'm in H4 visa and I have a valid visa upto may 2016 and this visa is from my husband old employer,my husband changed the employer and I have a valid I 797 upto April 2017.If I goto india can I come back in same visa and I 797 or do I have to go for visa stamping.Waiting for ur answers.Thanx.

[shervin143]

You can use the old visa along with your husband's new approval notice to re-enter U.S. However, keep in mind that your I-94 can be issued only till the visa expiry date. In which case, you need to file the H4 extension while while you are in U.S before the I-94 that is issued at the POE expires. If you want an extended I-94 matching your spouse's H1B approval notice expiry date, then you should get the H4 visa stamped again. You will be eligible for dropbox.

[kabkaba]

You can use the old visa along with your husband's new approval notice to re-enter U.S. However, keep in mind that your I-94 can be issued only till the visa expiry date. In which case, you need to file the H4 extension while while you are in U.S before the I-94 that is issued at the POE expires. If you want an extended I-94 matching your spouse's H1B approval notice expiry date, then you should get the H4 visa stamped again. You will be eligible for dropbox.

You can however politely request the CBP officer to give I-94 according to petition date and not Visa expiry date.

[reenu81]

So I won't be having problem in port of entry and I can extend my I 94 after I come back to usa also rite.I had an administrative process in my visa last time and it took three months for me to get a visa so I want to avoid stamping.plz advice.And also before how many days before I have to file for I 94.If they give upto may 21st which is in my visa when I have to apply for the extension.

[shervin143]

Extension can be filed anytime within 6 months from your I-94 expiry date. Advisable to file the extension as early as possible. Your documents for extension should reach USCIS before your I-94 expiry date. It will take anywhere between 5-6 months to get a decision on the extension and you cannot leave U.S when the extension is in progress. If you leave, your extension of stay will be denied. So if all these are viable options, then you can return back using the old visa and file the extension immediately.

So I won't be having problem in port of entry and I can extend my I 94 after I come back to usa also rite.I had an administrative process in my visa last time and it took three months for me to get a visa so I want to avoid stamping.plz advice.And also before how many days before I have to file for I 94.If they give upto may 21st which is in my visa when I have to apply for the extension.