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


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…

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

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

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.