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H4 Visa expiry based on H1 Visa or 1-797 Petition?

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My H1B Visa expires in Sept 2013. But my I-797 is valid through 2016. My Spouse will apply for H4 in August 2013. Will her visa expiry be Sept 2013 or 2016?

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It depends on the 797 you use to apply for the H4 visa. You should be using your new 797 that is valid till 2016 for the H4 visa so that your spouse is eligible to get a visa up to 2016.

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The officer at the consulate will make that determination. It is not tied to your visa stamped date and may or may not be the approval expiration date.

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