H4 I797A for dropbox

[robby_254]

Hello Madam/Sir

I am on H1 and my wife is on H4 visa. Our visas are valid till July 2018 and both of us have it on our passport. My employer applied for my extension and I received the approval notice. Now I have an I797 that is valid until 2021. We are going to India in march and as I qualify for the visa waiver program, I am planning to use the dropbox and get the visa stamped on our passports. One thing I see in the "required documents" list for H4 is the "H4 I-797A copy" for the H4 dependent. I am confused if I have to apply and get a separate I797 for my wife.  Should I apply for I539 to get my wife's visa extended while I am in the US before going to India? I am leaving to India in 2 weeks and I don't think I can get the I539 approved. Please help. 

[venkateshrc]

You should apply for I539 - Application to change or Extend Non-immigrant if she is going to stay in US beyond her existing VISA expiry date. In that case she will get her Approval of Notice - I797. However, if you are planning to travel outside of US you can also opt of Consular processing where she will go through all the process just like she went for the stamping for the first time.

Also there is no eligibility of VISA Waiver (Dropbox) if she do not have an I539 approved.

Disclaimer: This is my opinion and not a legal advise

[sushmas193@gmail.com]

hi, I have almost the same issue. I am on h4. We have got h1 and h4 visa renewed till 2021. we are currently in USA. we have got h1 I797 approval notice. For h4, the case says approved, but i have not received I797A for h4, because of address change, We are travelling to India for stamping in two weeks. So getting a duplicate I797 also takes time .

My question is, can i go for visa stamping (Eligilble for drop box), without h4 I797A, with just having only valid H1 I797A. Will there be any issues.

Any help, would be greatly appreciated.

[apoorvab284]

On 2/15/2019 at 3:54 PM, sushmas193@gmail.com said:

hi, I have almost the same issue. I am on h4. We have got h1 and h4 visa renewed till 2021. we are currently in USA. we have got h1 I797 approval notice. For h4, the case says approved, but i have not received I797A for h4, because of address change, We are travelling to India for stamping in two weeks. So getting a duplicate I797 also takes time .

My question is, can i go for visa stamping (Eligilble for drop box), without h4 I797A, with just having only valid H1 I797A. Will there be any issues.

Any help, would be greatly appreciated.

Hi,

I am in same exact situation. I have received I797 C for my wife and kids but havent received I797A. Can you please guide what should I do here? I797 A has I94 attached to it so it is needed.

Do I need to file I824 to get I797A? If yes, should I be filing just for my spouse or do I need to file separate I 824 for my kids as well?

Please reply, even a one or two line response will help greatly here.

Thanks,
Apoorva

[User099]

On 7/2/2020 at 4:22 PM, apoorvab284 said:

Hi,

I am in same exact situation. I have received I797 C for my wife and kids but havent received I797A. Can you please guide what should I do here? I797 A has I94 attached to it so it is needed.

Do I need to file I824 to get I797A? If yes, should I be filing just for my spouse or do I need to file separate I 824 for my kids as well?

Please reply, even a one or two line response will help greatly here.

Thanks,
Apoorva

If the H4 was filed with a H1 by your attorney then they might have received the I797A copy.