H4 - 797 permit vs stamp

[x1050us]

My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?

[milind70]

Originally Posted by x1050us

My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?

There are two scenarios to this

Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.

Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.

[x1050us]

That explains. Thanks for the reply

[snvlgopal]

Thanks Milind70 & x1050US, In my case my wife's I94 is expired in Feb13, we filed for the h4 extension on Jan17 and she left US in May before her h4 is approved, can she still go for the VISA stamping with out the new H4 approval document (FYI i got my h1 approval notice and also stamping is done in India,Chennai )
Thanks