H1 6yrs over + few years on H1, I-140 approved and need to go to India. H1 extension filled. Can I get H1 visa stamp on existing I-797? New I-797 yet to arrive.


jazzbha1234

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Hello Gurus, 

Need your guidance! 

My initial H1 6yrs are over in 2015 itself and have got I-140 approved and have got one - 3 yrs extension which is valid till Oct 2017 per current I-797.

My current employer has just filled for H1-B visa extension for another 3 years in regular processing.

- Can I visit India and get H1 stamped on my passport on the basis of present I-797 (which is valid till Oct 2017) while the extension is still under processing with USCIS?

- Will there be any issues while coming in to US at the POE? or during the visa interview? 

- I also need to get my wife's H4 visa stamped at the same time. 

Appreciate all the help and guidance in advance and Thank you, for your time and efforts on this... 

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Thank you, for the response pontevecchio. 

My I-94 showed July 2015 date previously on cbp site before filling extension and it was expired. Now it doesnt show up on cbp site altogether.

Present I-797 has October 2017 date. 

Will my I-94 expiration date have a risk against my visa stamping?

Any other risks w.r.t. stamping? I can postpone my travel but really don't want any issues with the stamping there in India hence, asking here, 

 

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