Need Clarification on I-797 approved copy for h4 dependent

[priyadharsini.s]

Hi ,

My son’s H-4 extension (applied with my husband)  got approved on Feb-15 - 2017 and we have not received his approved I-797 notice yet but whereas my husband got his H1 approval copy(till sep-2019).

When contacted the USCIS they asked us to file form I-824 to obtain a duplicate copy and they said it would take 6 months to  process the application.

We have a vacation plan to visit India within this year and it would be of great help if you could clarify us on the following based on your experience and expertise.

1)      Can he travel out of the country without an approved copy of his I-797?

2)      My  husband should go for stamping (drop-box) along with my son as well(as their previous visa is expiring 07/27/2017). Can my son get his visa stamped based on my husband’s petition ?

Does he need an approved copy for his stamping?

when he reaches back to US he would get a new I-94 and will this resolve all these issues.?

Is this a valid statement or  are there any hidden risks that we should be aware of ? can you please let us know?

[adshah84]

If they are planning to go for stamping then your Son don't need approved copy of his I-797. 

He will get his H4 stamp on the basis of your husband's approval copy. 

[priyadharsini.s]

Thanks for your reply!  However, I would like to know if there would be a problem if we are not going to India for stamping this year and can he remain here after 07/27/2017(his previous visa expiry date)  without applying for a duplicate.