H-4 visa stamping for my daughter who did not get her I797A form from USCIS

[rajakumarjk]

My daughter got her second H-4 visa stamp on Oct 2021 and expired on May 2023. She came to USA on Aug 2022.

Later she got her H4 extension from 05 Dec 2022 to 17 Mar 2024 and she got her H4 extension again from 18 Mar 2024 to 02 June 2025.

But, she did not get her I797A form and got her I797C form from USCIS for the approval from 18 Mar 2024 to 02 June 2025.

She need to travel to India on coming June & then return back to USA and she need to get her H4 visa stamping in India.

Can she get her H4 visa stamping without her I797A form and with her I797C form?

Are there any other supporting documents can be submitted for her H4 visa stamping?

At the same time my wife & son got their I797A form from USCIS.

Kindly provide the above information as soon as possible.

[newacct]

First, that doesn't make sense. An Extension of Stay approval notice should come on an I-797A, which has a new I-94 as part of the page. Are you sure you're not looking at a receipt or some other notice instead?

Second, whether she got Extension of Stay approved or denied doesn't really matter if she is leaving the US. When she leaves the US, her status ends, even if the Extension of Stay was approved. She will be entering the next time on the basis of a valid visa, and it's not directly related to what status she had on her previous stay, or whether she extended her stay on her previous stay. Her visa application will be based on the fact that she is the child of someone on H1b, and again, it will not be directly related to what status she had on her previous stay, or whether she extended her stay on her previous stay. The only difference between an Extension of Stay approval or denial is that, if there was a denial, then she would start accruing "unlawful presence" when her I-94 expired, or when her Extension of Stay was denied, whichever was later. However, if she left the US after accruing less than 180 days of "unlawful presence", she would not trigger a ban, so she wouldn't have a ban either way.