Going to Visa stamping before NewH1B extention validity period

[satyaanv@gmail.com]

Hi

Could you please answer if any body have the faced the following  case

I need to go to India in 2016 May or June for visa stamping.

My current i797 petition is valid till 2016 August 21.

But My employer will file new extension in 2016 April,

Then My new extension will  be approved from August ,21,2016 to ( 3 years approximately) 

 

that means current petition is valid till august 21,2016. where as new petition will be approved from August 21, 2106 to ( 3 years approximately).

 

Here My question is that I need to go to stamping 2016 May or June first week,

in such case, will my new visa be approved from 2016 august,21 to ( 3 years approximately)?(based on new petition )

or I will be given visa approval  till 2016 august,21(according current petition)

 

Thanks in advance

SatyaPrasad

[jairichi]

If you have I797 extension approval document your visa will be stamped with a validity of the day it was stamped for 3 years. If your extension was not approved then you will get a visa stamp till August 2016.

[MurthyIndia_Lawyer]

In general, the visa will be issued with a validity based on the petition details provided in DS160. Assuming that your extension is approved ahead of your visa interview you will have to clearly inform the consular officer that your extension with present employer is approved and request the officer to issue your visa with a validity to cover the extension as well. You will have to carry both approval notices and petition related documents for your visa interview.

[rmsnandha]

 

I am not replying  here , but i do have similar situation and looking for clarification/suggestion.

 

Currently am in USA  with H1B approved 797 till Sep-20-2016 , below is my plan and looking for suggestion.

 

 

1. I have family function on last week of may-2016 , so planning to apply H1/H4 extension with amendment thru premium process on first week of may-2016( 4 and half month before current 797 expiration data).

 

2. Get new 797 approval with 3 years( having approved I-140 , so assuming) .

 

3. travel to india on may-20-2016 ,   get visa  stamping with new approved 797  and come back on last week of june-2016.

 

my question ;

1. is it ok to apply h1b extension thru  premium process before 4 and half month of current 797 approval notice .

2. Is there any suggestion for my plan  ?