H1 got extended but not renewned on passport

nirpal

New Member
Hi,

Please help me. My H1 VISA got expired last year, but I got I 797 extended for my wife and me. Now my wife going for H4 stamping in India at Mumbai. She has her I 797, my I 797, I 129 Original. Will she face any problem while stamping. As both of VISA got expired last year. But I 797 extended. Please
help me it is very urgent.:confused:

Thanks in advance
 
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If you are talking about the expiration of Visa that was issued based on the H-1B approved petition, you are fine. A visa should be regarded as a "ticket that allows multiple entries through its expiration date". It does not concur any specific status to an individual. This brings me to the question, did you ever had any gaps in your or your spouse's non-immigrant status history. If all H-1Bs/H-4s did not had a gap in validity, you and your spouse will be fine.

Please ensure that when applying for Visa appointment, your spouse should choose the regular category and not renewal category. There was a case recently in Chennai consulate where an application was rejected because the individual applied for renewal even though the visa expired more than an year ago.
 
H1 got extended but not stamped

Thank you for ur help.

There was no gap in my wife and my VISA status. I got married in Nov 2006, and came to US and then she came in Feb 2007. So there is no gap. This is the first time she will be going to India after the marriage.
 
Please do not mix "Status" with "Visa". Those two are entirely different things. In a nutshell, if you and your spouse did not accrue any lawful stay while being in the US, has good non-immigrant history, you will be fine.

If you need clearer details, you may have to divulge dates/details corresponding to your specific situation.
 
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