I797 validity - how long?

G

gconmymind

Registered Users (C)
My wife is currently on H4 visa and has an approved 797 that started from 1st Oct 2007. Is there a time period (like six months?) before she needs to switch to H1 in order for her 797 approval to not get revoked?

Or is it valid now for 3 years and can she change status anytime before 797 expiry?

Thanks in advance!
 
If her I797 has an attached I-94 then the validity of her H4 is till the I-94 validy. If this is her first H4 then its validity is until her I-94 in her passport expires. If the I797 is for H4 extension or change of status to H4 from another non-immigrant category and the I797 does not have an attached I-94 then she needs to go to home country to get a visa stamp.
The point I'm trying to make is there are many answers to your question and without knowing the circumstances it's very difficult to give a precise answer.
 
Thanks - detailed status

fromnaija said:
If her I797 has an attached I-94 then the validity of her H4 is till the I-94 validy. If this is her first H4 then its validity is until her I-94 in her passport expires. If the I797 is for H4 extension or change of status to H4 from another non-immigrant category and the I797 does not have an attached I-94 then she needs to go to home country to get a visa stamp.
The point I'm trying to make is there are many answers to your question and without knowing the circumstances it's very difficult to give a precise answer.
Click to expand...
Thanks Naija. Her H1 petition was approved last year (starting 1 Oct 07) when she was in India. Now she is in USA on H4. We do not have a copy and do not know if I94 is attached or not.

I know that to start working her company will either need to file COS or she will need to go out of the country for H1 stamping. What I am trying to find out is if there is any time limit for us to do this (like within 6 months, etc.)

thanks again!
 
If I-94 is not attached, it should be valid til 797 expires provided the employer did not cancel it.
 
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