H-1B visa expires before I-797 expiry and visa stamping

[vhd]

Hi all -- thanks in advance for all the help. 

Been with the same company since 2008 and have gone through four visa extensions and stamping (always in Mumbai). I have approved I-140. I have been getting 221(g) during every visa stamping (except first) and it has taken anywhere from 3 to 10 weeks to get the visa stamped after submission of required documents. Since I got the first 221(g), they have been stamping the visa for 2 years, instead of the date on I-797. 

My current H-1B visa expired in Sept 2019. My I-797 expires in Sept 2020 (also reflected under PED on my visa). 

I need to travel to India in December 2019, which means I have no choice but to go for visa stamping again for the same I-797. What I am wondering is if they will again put me through the background check considering that I am going for second visa stamping for the same I-797 ?

Has anyone been in this situation ? 

 

 

[shekar11#]

19 hours ago, vhd said:

Hi all -- thanks in advance for all the help. 

Been with the same company since 2008 and have gone through four visa extensions and stamping (always in Mumbai). I have approved I-140. I have been getting 221(g) during every visa stamping (except first) and it has taken anywhere from 3 to 10 weeks to get the visa stamped after submission of required documents. Since I got the first 221(g), they have been stamping the visa for 2 years, instead of the date on I-797. 

My current H-1B visa expired in Sept 2019. My I-797 expires in Sept 2020 (also reflected under PED on my visa). 

I need to travel to India in December 2019, which means I have no choice but to go for visa stamping again for the same I-797. What I am wondering is if they will again put me through the background check considering that I am going for second visa stamping for the same I-797 ?

Has anyone been in this situation ? 

 

 

Going for stamping on same I-797 is not an issue. Since you always had a 221G for previous stamping's, just be prepared this time also.

[vhd]

On 10/10/2019 at 11:05 AM, shekar11# said:

Going for stamping on same I-797 is not an issue. Since you always had a 221G for previous stamping's, just be prepared this time also.

Thanks. I am wondering if below is an option or if anyone has tried this. 

1. Go to Canada or Mexico for H1-B stamping. 

2. If they issue 221(g), come back to US while waiting for processing (since they always return the passport in my case). There are 2 scenarios here :

     a) If current H-1B stamp is still valid, I can just enter.

     b) If current H-1B stamp has already expired, one can enter US within 30 days (from Canada and Mexico) if one has a valid I-797.

3. When the visa is issued, travel back to Canada/Mexico, submit the passport for stamping.

This is obviously easier if you living within driving distance of these countries/embassy (which I do). 

Questions: 

1) If  issued a 221(g), is one allowed to enter US while waiting for processing ?

2) Any other issues with this ? 

Again, thanks in advance for any help. 

[shekar11#]

On 10/11/2019 at 6:12 PM, vhd said:

Thanks. I am wondering if below is an option or if anyone has tried this. 

1. Go to Canada or Mexico for H1-B stamping. 

2. If they issue 221(g), come back to US while waiting for processing (since they always return the passport in my case). There are 2 scenarios here :

     a) If current H-1B stamp is still valid, I can just enter.

     b) If current H-1B stamp has already expired, one can enter US within 30 days (from Canada and Mexico) if one has a valid I-797.

3. When the visa is issued, travel back to Canada/Mexico, submit the passport for stamping.

This is obviously easier if you living within driving distance of these countries/embassy (which I do). 

Questions: 

1) If  issued a 221(g), is one allowed to enter US while waiting for processing ?

2) Any other issues with this ? 

Again, thanks in advance for any help. 

2. No you cannot enter US since your valid visa expired in Sep 2019. This is only possible if your have an unexpired visa.

Also answer for 2. b) You cannot use AVR (Automatic visa re-validation), if you go for visa stamping.

AVR can only be used when you travel to Canada or Mexico for less than 30 days with valid I-94 and your travel should not include visa stamping.