H4 restamping question

[gkr747]

Hello, My wife and kid's H4 is about expire June'12..Usually I apply for extension but this time they are going to India, where they will have to go for re-stamping in Hyderabad..they will leave US in june before the expiry of current H4.

My question is since they are going for restamping in India, do I still need to apply for extension of I797 H4 for them here in the USA?

[kabkaba]

If they are leaving before their I-94 expires and returning after expiry, they don't need to file I-539 to extend their status. All they will need to do is return in H4 status using your extended H1 approval notice.

[gkr747]

yes they will return after the I94 expiry..so they will have to use my H1 for retamping and return with H4 stamping and the new I94 from the POE is what you mean...thank you!