H1b Stamping: I797 Maxing out on May18,2019

[dineshchandrapatil]

Hi All,

My H1B is maxing out on May18,2019. I have to go to India in March for 3 weeks for some unavoidable personal work. My employer started my perm process and it is still pending approval.

Considering the above scenarios:

1) Is there any risk in stamping with current I797 which is valid till May18,2019 so that I can come back to US on April 5th, 2019.

2)Suppose I go in March and wait until my I140 is approved(say it approves on Jun20, 2019), then can i come to US on my H1B by recapturing the 2 months and then apply for my H1B extension from US using my I140?

Please help me with these as I am very much confused on what to do.

Thanks,

Dinesh Chandra Patil

[shekar11#]

12 hours ago, dineshchandrapatil said:

Hi All,

My H1B is maxing out on May18,2019. I have to go to India in March for 3 weeks for some unavoidable personal work. My employer started my perm process and it is still pending approval.

Considering the above scenarios:

1) Is there any risk in stamping with current I797 which is valid till May18,2019 so that I can come back to US on April 5th, 2019.

2)Suppose I go in March and wait until my I140 is approved(say it approves on Jun20, 2019), then can i come to US on my H1B by recapturing the 2 months and then apply for my H1B extension from US using my I140?

Please help me with these as I am very much confused on what to do.

Thanks,

Dinesh Chandra Patil

Option 2 is safer. Once your I-140 is approved you can get 3 year extension.

[dineshchandrapatil]

Hi Shekar,

Thanks, my confusion is can i recapture those 2 months at any time, meaning my max out date is May18,2019 but can i recapture from say July1st to Aug31st. Can i use those even after 6 months say irrespective of max out date.

Thanks,

Dinesh

[shekar11#]

On 1/23/2019 at 3:27 PM, dineshchandrapatil said:

Hi Shekar,

Thanks, my confusion is can i recapture those 2 months at any time, meaning my max out date is May18,2019 but can i recapture from say July1st to Aug31st. Can i use those even after 6 months say irrespective of max out date.

Thanks,

Dinesh

Yes. you can re capture the 2 months anytime.