Visa Revalidation -Need advice

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Hi,

My spouse was given a H4 visa stamp with validity for 5 years along with my original H1 stamp which was only valid for 3 years.Now both of us have got the new I797 and I have applied for a new h1 stamp. Question is does spouse need a new Visa stamp although the current stamp is valid for two more years.

Your advice would be greatly appreciated.
 
Yes. The earlier might be a typo, without a supporting H1, it will be difficult to corelate and a moody POE inspector might question its validity. I hope this did not prevent you from applying for a H4 extension with INS along with your H1 extension.
 
Thanks Jaxen! I had applied for the H4 extension and have the papers. The DOS website states that a visa can be revalidated only if the previous stamp has less than 60 days for expiration.Will this be a problem in getting the new stamp?
 
My attorney says that H4 is not tied to any petition and as long as the H4 stamp has not yet expired and I am on valid H1 there is no need for a new stamp. They say that since spouse now has a 797 approval extending her H4 status and also a H4 valid visa there should not be a problem.
How important is the Petition Expiry Date at the bottom of the H4 stamp (which is the expiry date of my original H1)?
 
Jaxon/Others,

Your response would be greatly appreciated.I am really confused as I don't want to go to consulate for re-stamping needlessly but also don;t want to risk any problems at the time of re-entry.I am travelling out of the country in the next few days and need to decide one way or the other.
 
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Your lawyer is right. One can travel with an unexpired H visa stamp in passport and a new H visa approval (based on employer or spouse change or extension).
But my suspicion is that the original H4 visa was not supported by a H1. It might be a technical error, which might not pose a risk.

You have to evaluate the risk and make the decision.
 
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