new I797 start date is future date, visa stamping dependent visa

USA L1, L2 Visa
1

HI,

Below is the Current Situation

      L2 visa expired             :April 10 2016

      I-94 valid till                :March 30 2017

      Primary Visa holder L1B expired:               April 10 2016

      Primary Visa holder L1B I-94 till:               Jan 30 2017

      Primary Visa holder I-797 Approved:         Start Date: Jan 31 2017, Expiry Date: Dec 1 2018

My wife is planning to travel to India on Sep-28-2016 and using the DropBox facility to get a new Visa stamp in India. Then, she is planned to travel back to the US on Oct-23-2016.

Her L2 visa is currently expired and she is on her I-94. The start date of my I-797 is Jan-31-2017. Can she travel back to the US in October or does this post any problem because the start date of my I-797 is in future (Jan-31)? Please advise. any help is really appreciated. the travel dates are close and need help as soon as possible. Please…

2

Don’t you have an approved 797 for the earlier period?

3

No. I have a L1 B visa from before. the visa start date is April 19 2013 valid till April 20 2016. I entered into US on Feb 1 2014 and got a I-94 valid till Jan 30 2017. I have a blanket petition and it says valid indefinitely. Please advise

4

I think it should be fine. See if you can get I-129 copy from the employer and then use the old and new ones to enter US. Most of the times, they give out I-94 for 3 years when entering US on L-1 or L-2.