Legal Question in Immigration Law in Delaware

I had a Query regarding H4 VISA.

There is small issue that happened while my H1 VISA Transfer , My wife who is in H4 , went to India during the VISA transfer process.

So now her I797 Approval notice is with old I94 number(I797 Validity till Dec 2016). And unfortunately her I94 is expiring this 31st Dec 2014. Where as in I797 they have mentioned her old I94 which is extended till 31st Dec 2016.

The problem is she cant go back to India now for stamping due to her health issues.

Now I need to know is it legal for her to stay in US with valid I797 but expired I94 ?


Asked on 12/23/14, 1:03 am

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 or toll-free at (800) 750-1828 to discuss your case and matters. Kind regards, RDM

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Answered on 12/28/14, 12:37 am


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