H1B visa stamping in India with only 4 months left on i797 form

[maggi123]

Hello Sir/Mam,

 

I am planning to travel to India on 30th OCTOBER, my H1B visa is expired so I would need to go for stamping. MY I797 is valid till 17th March 2020. My visa interview ins in first week on NOvember in Delhi. So at the time of my visa interview I will only have 4 months left on my I797 form. 

My company will file for H1B extension in PP after my return on 30th December. Because they said, even if I get the new I797 extension form before my travel to India, while returning, at POE they will issue me a new I-94 which will be vald till March 2020 only. Also my visa would be stamped till march 2020 only since my current I797 is valid till march2020. They will not look at new I797 since it would be valid starting March 2020 to 2023. My company's lawyer said, if they apply for H1B extension beofre my travel to India, then upon my return to US, I would either have to go out of US again and return after 17th MARCH2020 to get a new I94(as per my new I797 from 2020 to 2023) or my company would have to file a new H1B extension application(which they said is a risky option as I would already have a valid I797 in hand). My questions to you are below, if experts could please advise:

 

1) Would there be any problem during visa stamping with only 4 months left on i797?

2 )Would it be a problem at POE if only 2.5 months left on Visa and i797(because i will be returning on 30th December)

3)  Even If I take a new I797 (applied by my company in PP before my travel), would I still get visa stamped till  March 2020?

4) If I get a new I797 before my travel to India, is it okay if my company files for another H1B extension(to get a new I94)? or is it very risky. I would not want to travelling outside US again after returning from India.

 

Thank you so much

[care_candidate]

1. Technically, there is no issue. Officer will probably ask you what your plan is after four months.

2. Again, technically no issue. But you will get I-94 for only remaining 2.5 months.

3. Your employer attorney is incorrect. If you get newly extended I-797 to your visa consulate, you will get visa until end of new period, 2023.

4. Don't understand the question.