H4 visa stamping - i797 and I797A


maccounts

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Posted

My wife had valid visa till Apr 2016 but because her I94 expired while she was in US, she had to leave for India to get new visa as suggested by attorney. The list of documents include

 

Passport

DS160

Visa fee

Copy of all pages of principal applicant

I797 of H4 applicant

I797 of principal applicant

LCA copy

form 129

 

I looked for the documents I have and found that I have

I797A for her and me (NO I797 for me or her)

LCA copy (no original)

I129 copy (no original

 

Will this be a problem? I understand that I797A is extension for I797 but I don't recall if I had to give back original I797 to get extension I797A or I lost I797.

In case of lost I797, what can I do to get new one.

 

 

Posted

I797A is EXTENSION.

 

I have all my original I797 and the newly received I797A too. I never had to surrender an original I797/I797A to anyone (even at Visa stamping).

 

How can you wife have her own I797/I797A on H4? Has she applied for H1?

Posted

I have a form I-797A on her name where the case type is mentioned as I539 Application to Extend/Change Nonimmigrant status.

 

This I believe is for the extension for the earlier approved I-797.

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