Is H1B & H4 visa re-stamping required? (having valid I797)

G

gpallavi2

Registered Users (C)
My husband's current status:
H1 visa expiry - 10th April 2009
I94 expiry - 10th April 2009
I797 validity - 10th April 2009

My current status:
H4 visa expiry - 10th April 2009
I94 expiry - 10th April 2009

My husband will get his next 3 years extension since our current I797 is expiring next year. We know we need to apply for extension before I797 expires.

1. Once extended I797 is in hand, is it compulsory on our part to leave US before our current I-94/visa expires and re-enter US with re-stamped visas and I-94 having new I797 validity date?
1A. If yes, in what time frame we have to leave US for re-stamping so that we are not considered illegal residents?
1B. If no, how long can we stay legally in US without getting our visa re-stamped, but have valid I-797?

2. Can one get visa re-validated in US itself without having to leave?

Thanks in advance.
Pallavi
 
Re-validation in US discontinued

I am answering my question no. 2:

The visa revalidation program in St. Louis will not accept new applications for visa revalidation after July 6, 2004 since biometrics will be required after October 26, 2004, which makes revalidation facility available only out of US.

Source: http://www.murthy.com/news/n_deptst.html

Can please someone answer my first question and its sub-questions?

Thanks
Pallavi
 
No it's not required to go re-stamping. Once the USCIS approves H-1B/H-4 extension, you can stay in the United States (and your husband can continue working) until the extended petition (I-797) expires. Visa re-stamping becomes required next time you reenter the United States AFTER April 10, 2009.

In other words, as long as you won't go outside the United States, you never need a re-stamping.
 
snugjoint has said it correctly. As long as you do not plan on leaving the US, you are covered by the I-797 extensions. The H visa passport stamping is required if you have to leave the US and then re-enter. If you have to visit back home for some reason (after the 3 year H extension is approved and in your hand), you can use that to apply for a H visa stamping on your passports which will most likely be valid until the validity of the I-797 extention. I stayed in the US for 7 years using my I-797 extentions. However when I did have to leave, I had my passport stamped (visa issued at a US consulate abroad) using the latest I-797.

Some more details :): Past 6 years you will be issued yearly H/I-797 extentions (if your greencard process has been initiated and is pending for an year before expiry of 6th year H1/4). You will have to get yearly I-797 renewals and also fresh visa stampings if you travel abroad. There's more to this which you will find out when you reach that stage.

Good luck,

Jawad
 
You must log in or register to reply here.
Top