H4 Restamp before H1B Restamping

[zinfa321]

Hello Experts,

Me and my wife are in USA. I have got my H1b extension till 2011 and have approved I-797. Our current visa stamps have expired in Oct 2009. Now my wife needs to go India to attain a family event next month and she will be required to go for Visa re-stamping while returning to US. I am not planning to go with her.

Question is, can she get her (H4) visa re-stamp on approved I-797 even if my (h1B) visa re-stamp is pending?

[milda]

Yes. Of course....that should not be a problem if she is going all necessary docs which proves you are on valid h1b and she is dependant of you.

[Note:- I am sharing my views, contact your attorney for the best advice.]