Primary I-797 expiring before actual date of H4 interview

My H1B visa is valid till 31st May 2023. Me, my wife and our son are in the USA. Last year in 2022, we tried to take visa appointment at US Consulate, Mumbai; we got the visa stamping interview dates in August 2023. While filing DS-160 for these interviews, we have provided current I-797 number corresponding to primary H1B visa. My wife and son are planning to travel from USA to India on 15th May 2023. Meantime, I am filing extension on my H1B visa. I am hoping to get new H1B and new I-797 by August 2023. I want to know will officers at US Consulate Mumbai consider old primary I-797 number on the submitted DS-160 and copy of old & new primary I-797 in hand (in person)? Is it possible to get H4 visa stamped in such situation? If not, what should be the best way to get around this situation?

Deepak Wani

If you get new I-797 before the interview, just submit a new DS-160 with updated I-797 and carry the copy of old and new DS-160 along with other supporting documents.

Thank you so much Kalpesh! You have a nice day ahead! :slight_smile: