Visa Stamping in Europe

[SWAHIM]

I need to travel to Europe for an official visit. My H1B visa has expired but I-797 is valid till 2017.

Can I get a Schengen Visa ? If yes, can I get my H1B stamping done over there ?

or do I need to have a Valid H1B Visa, only then I will get a Schengen Visa ?

[jairichi]

In Europe except for UK one needs to have a long term visa to be eligible to apply for a U.S. visa at an US consulate. For a schenger visa your I797 should be enough.

[SWAHIM]

Hi Jairichi, Thank You so much for replying.

So what you are saying is that I can get a Schengen Visa based on my I797. However, I won't be eligible to renew my H1B Visa in Europe since I will be on a Schengen Visa which is a short term Visa ??

What do you suggest ?

Awaiting your response. Thanks in advance.

[pingpong]

i think jairichi's answer was straight forward. You can secure a schengen visa based on your current status in US. But once you leave US you may not be able to re enter without a valid visa. One suggestion would be to approach a US consulate closest to you with your case and proper documentation on why you cannot go to your home country along with other supporting documents. But you carry the risk of getting denied or worse being put into a long administrative processing. 

[jairichi]

Hi Jairichi, Thank You so much for replying.

So what you are saying is that I can get a Schengen Visa based on my I797. However, I won't be eligible to renew my H1B Visa in Europe since I will be on a Schengen Visa which is a short term Visa ??

What do you suggest ?

Awaiting your response. Thanks in advance.

That is correct.

[SWAHIM]

Thanks Jairichi and Pingpong.