H4 Stamping Question


UserH1BH4

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Hi, 

My wife is in India and have valid H4 stamped till September 11 2017. While she was in India my new H1B petition approved. 
Now she is planning to go for stamping based on my new petition. 

My new petition start date is September 12 2017, so if she goes for stamping now whether the old H4 visa which is valid till September 11 2017 will be revoked? 

She is planning to travel on August first week whether she can travel with new H4 visa stamping eventhough the petition start date is September 12 2017? 

I am concerned that whether she will not able to travel with old H4 visa once the new H4 visa is stamped? 

Any one faced this situation? Please share your thoughts.

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Why is she even going for new stamping? She can enter US with old visa in August since visa is till Sept - she will present proof of your new H1 extension and POE officer will give her I94 matching your new H1B petition end date.

If she does go for new H1B visa stamping, then usually (but not always) the embassy will mark the old H4 visa stamp as "Cancelled without prejudice".

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1 hour ago, rksingh said:

Why is she even going for new stamping? She can enter US with old visa in August since visa is till Sept - she will present proof of your new H1 extension and POE officer will give her I94 matching your new H1B petition end date.

If she does go for new H1B visa stamping, then usually (but not always) the embassy will mark the old H4 visa stamp as "Cancelled without prejudice".

Hi,

Thank you for your reply, we want go for stamping since there might be chance of providing I-94 based on stamped visa(in rare case) at the POE.

Is there any way not to cancel the old visa?

 

Thank you.

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There is no way for you to be assured that old visa stamp does not get cancelled...it is totally upto the embassy....sometimes they will cancel it and sometimes they forget....its pretty random.

"Thank you for your reply, we want go for stamping since there might be chance of providing I-94 based on stamped visa(in rare case) at the POE." : To avoid this situation, present a copy of the approved new H1 petition ie a copy of I797. AND BEFORE LEAVING the counter, check carefully to see what date the I94 has been made up to. If does not match the new H1B date, then respectfully point it out to the officer. If that officer is unwilling then respectfully ask him to run it by a supervisor. Good Luck!

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