Spouse travel to USA on previous stamped visa

Hi there, greeting!

i need one small help,

Currently my spouse is in India, and her H4 visa is stamped until Aug 2016. And my H1B visa is currently in extension period (her h4 is also in ext as she was in USA at time the extension filling). Now she is returning next month (In April 2016) to USA, and i still dint get my extension approval, so my question here is that, can she return in the USA without approval notice of extension based on the previously stamped visa which is valid until Aug 2016? Please let me know, very thanks in advance. Awaiting and appreciate your reply.

She would need 2 documents:

  • Her unexpired visa stamp, which she has until Aug 2016

  • Your unexpired 797 approval document. You have the old one but not the new one. I assume the old one was valid till Aug 2016. In that case, she will get I-94 only until Aug 2016. If you are able to provide her the newly extended 797, then she can get I-94 for the longer duration. If she receives I-94 until Aug 2016, then her H-4 extension needs to be applied soon.