Can we go for stamping based on extension 797(future start date) while current stamping is still valid

[hello999]

Current H4 stamping is still valid for Almost 3.5 more months. H4 person is in india currently went for visiting. her spouse applied for H1 extension recently and it is approved couple days back. H1 Extension start date is  April 15th, 2020 on 797 (same employer and same project). Now can H4 person go for stamping based on this H1 extension 797? Her current H4 is still valid till 04/14/2020. can she go for stamping now since she is in india and come back to US in February. Will they issue another visa stamp with start date 04/15/2020 if she go for stamping now? When she enter into US in February, what will be her i-94 duration. 

Thank you. 

Edited December 23, 2019 by hello999

[gopalakrishnach]

As far as I understand no need for visa stamping. H4 can come back to USA since stamped visa is valid till 04/14/2020 . Just carry copy of H4 new approval notice.

[pontevecchio]

She can get a new H4 visa if she wants or come back on the same visa. Irrespective, she needs to show your H1 petition on coming back and the I94 will be till H1 petition expiry or passport expiry whichever is earlier. It is not the start date but the end date of a visa which is relevant.

[gopalakrishnach]

1 hour ago, gopalakrishnach said:

As far as I understand no need for visa stamping. H4 can come back to USA since stamped visa is valid till 04/14/2020 . Just carry copy of H4 new approval notice.

I am sorry it had typo. H4 needs to carry H1B approval notice and can say that they H1B will apply for H4 extension.

[hello999]

5 hours ago, pontevecchio said:

She can get a new H4 visa if she wants or come back on the same visa. Irrespective, she needs to show your H1 petition on coming back and the I94 will be till H1 petition expiry or passport expiry whichever is earlier. It is not the start date but the end date of a visa which is relevant.

If she go for H4 stamping and if it is given for 3 more years then she does not need to file H4 Extension (I-539) again once she comes back since she gets i-94 at POE based on visa stamp. That’s why checking on this. What will be the start date of new visa stamp if it is approved ( h1 797 extension start date is 04/15/2020)

Question is: she has her current H4 stamping valid for 3.5 more months. She is in india from last 1 month. Recently 2 weeks back her husband applied H1 extension and it is approved for 3 years now (start date of extension is 04/15/2020). So if she go for H4 stamping based on this H1 extension 797 then will she get new visa stamp for 3 years, what will be the effective start date for this visa stamp?  What about current visa stamp which is valid for another 3.5 months. She wants to come back to US after 1 month so which Visa stamp do they look at POE?

Edited December 24, 2019 by hello999

[pontevecchio]

If she applies for an H4 visa, it will remain valid from the date of issue. They will cancel the existing visa without prejudice. The I94 will be based on the spousal H1 petition she shows.

[hello999]

6 hours ago, pontevecchio said:

If she applies for an H4 visa, it will remain valid from the date of issue. They will cancel the existing visa without prejudice. The I94 will be based on the spousal H1 petition she shows.

ok. Good to know about cancel existing visa stamp without prejudice (it is valid till 04/14/2020). spousal H1 extension 797 start date is 04/15/2020. she wants to apply for stamping in january and she  is planning to come to US in February so if she shows spousal extension 797 at POE then how the start date works(start date on h1 extension 797 is future date).  Does she need to show spouse’s recent Two 797 documents?  Visa stamp also have spouse 797 receipt number at bottom of visa stamp sticker.

i heard, i94 can be given maximum 3 years from date of arrival to H visas 

Edited December 24, 2019 by hello999

[hello999]

On 12/24/2019 at 8:49 AM, pontevecchio said:

If she applies for an H4 visa, it will remain valid from the date of issue. They will cancel the existing visa without prejudice. The I94 will be based on the spousal H1 petition she shows.

ok. Good to know about cancel existing visa stamp without prejudice (it is valid till 04/14/2020). spousal H1 extension 797 start date is 04/15/2020. she wants to apply for stamping in january and she  is planning to come to US in February so if she shows spousal extension 797 at POE then how the start date works(start date on h1 extension 797 is future date).  Does she need to show spouse’s recent Two 797 documents?  Visa stamp also have spouse 797 receipt number at the bottom of visa stamp 

i heard, i94 can be given maximum 3 years from date of arrival to H visas ?  

Edited December 26, 2019 by hello999

[shekar11#]

On 12/23/2019 at 8:52 PM, hello999 said:

If she go for H4 stamping and if it is given for 3 more years then she does not need to file H4 Extension (I-539) again once she comes back since she gets i-94 at POE based on visa stamp. That’s why checking on this. What will be the start date of new visa stamp if it is approved ( h1 797 extension start date is 04/15/2020)

Question is: she has her current H4 stamping valid for 3.5 more months. She is in india from last 1 month. Recently 2 weeks back her husband applied H1 extension and it is approved for 3 years now (start date of extension is 04/15/2020). So if she go for H4 stamping based on this H1 extension 797 then will she get new visa stamp for 3 years, what will be the effective start date for this visa stamp?  What about current visa stamp which is valid for another 3.5 months. She wants to come back to US after 1 month so which Visa stamp do they look at POE?

Visa stamp always has an issue date. So it will be valid from the date they issue the visa. Old existing visa will be cancelled.

Better to get visa stamped if your spouse has drop box option.