H1B stamping with new I-797 while old I-797 is still active


Recommended Posts



Need your thoughts on this situation !!


I am currently on H1B(and my spouse is on H4/EAD) which is active till 8-Jun-2017, as per the 6 month rule I am planning for applying H1B/H4/EAD Extension(with I-140) on 8-Dec-2016 in Premium processing.


- My spouse has plans to travel to India in the month of Nov'16

- I am planning to travel in month of Jan'17(after getting the approval)


We are not sure if it is safe to travel in November since we are planning to apply her H4/EAD extension in Dec'16.


We searched through several forums but were not able to find answers related to this situation.


Kindly provide your thoughts on below:


a) If I go for stamping in January,2017 will the Visa be approved till 8-Jun-2017 or approved with the new date 8-Jun-2020(Hoping I will get the extension approved for 3 years based on the I-140)?


b) In case the visa is stamped till 8-Jun-2017(with current I-797), what will happen to the I-94? Will the I-94 at POE be given till visa stamped date(8-Jun-2017) or will they consider the latest I-797(8-Jun-2020)?


c) Can my spouse travel(after 8-dec-16) while the H1B/H4/EAD application is pending with USCIS?


d) OR Can I apply H4/EAD for her extension while she is outside of US(In case she travels in Nov'16) as per current plan?


Thanks & Regards,


Link to comment


This topic is now archived and is closed to further replies.