equa.monde Posted May 19, 2013 Report Posted May 19, 2013 Hi, My H1B Visa expires in Sept 2013. But my I-797 is valid through 2016. My Spouse will apply for H4 in August 2013. Will her visa expiry be Sept 2013 or 2016?
rangadu Posted May 20, 2013 Report Posted May 20, 2013 It depends on the 797 you use to apply for the H4 visa. You should be using your new 797 that is valid till 2016 for the H4 visa so that your spouse is eligible to get a visa up to 2016.
t75 Posted May 20, 2013 Report Posted May 20, 2013 The officer at the consulate will make that determination. It is not tied to your visa stamped date and may or may not be the approval expiration date.
pontevecchio Posted May 20, 2013 Report Posted May 20, 2013 It will usually and almost always based on the expiration of the H1 petition on the basis of which she is applying for the H4 visa.
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