H1B Stamping visa duration less than I797


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Hello

       Hope that you are doing good.

        Please advise for my below scenario: 

       I appeared for H1B visa interview in Hyderabad, India.

      I797 expires in September-01-2020, but I got H1B visa stamped till September-01-2018 (expires in another 3 month’s). Please advise if I can go to USA and stay for more than September-01-2018, because I797 is till September-01-2020. OR do I have to appear for stamping immediately after September-01-2018.

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You can come back to USA which is good and length of stay after coming to USA depends on I-94 at port of entry. if you got I-94 as per visa then you need to apply for extension in Sept 2018 but you can stay in USA and work. You don't need to go again for stamping. 

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  • 2 weeks later...

come to USA , show your new i797 at the port of entry in USA. They POE office might give you a new i94 till 2020. but if you only receive the i94 till 2018. Go to Matamoros mexico and get the extenion of the stamping again which is easier and cheaper than applying for an H1B extension again. 

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