Visa stamping with 4 months let on I797

[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(BECAUSE CURRENT I797 IS VALID TILL March 2020 and new one is valid from 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

[gopalakrishnach]

1) Nope. But now conditions has changed. Anything possible.

2) Nope. They might give you I94 accordingly and you can say that your employer will apply for extension in PP

3) Depending on start date for new H1B you decide which one to go for stamping. In my case my employer always apply extension for me atleast 6-5 months before my expiry and I always get start date from the day they  give my approval.

4) Your company can apply for new H1B and if they feel risky which I understand, you come back now, apply for H1B and get it approved and go out of USA only when it is needed.

[shekar11#]

On 8/31/2019 at 2:03 PM, maggi123 said:

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(BECAUSE CURRENT I797 IS VALID TILL March 2020 and new one is valid from 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

1. No issues.

2. No problem.

3. You will get visa till new I-797 validity.

4. Best thing is to apply in premium and take new petition for visa stamping so that you will get visa stamping for longer duration.