H1-B stamping dates availability

[skyenet]

Hi, I had to travel to India around March end due to death in my family. My current H1-B stamped visa expires in early July 2021 but I have an approved I-797. Due to current travel restrictions I can't fly back to the US, I am trying to get a visa appointment to get my visa stamped but there are no open slots, the website says there won't be any availability before October 2021. I have the following questions:

- Should I get to the US via third country ASAP before my visa expires, would that cause any issues during immigration?

- Does the US allow us to enter on an expired stamped visa but a valid I-797?

- Should I try and find visa appointments in another country and get my visa stamped while I wait for the US to lift restrictions

- Should I risk waiting and hope visa slots open before October

My HR has informed I cannot stay more than 182 days in India, October would definitely be more than 182 days.

Edited May 9, 2021 by skyenet

[lovely]

Now, its a decision of your HR & US Govt, which is a tough situation, find out all countries that would allow you to travel, quarantine there for ~15days, which is 1 day more than required for anyone from India (based on most recent update, 04-May-2021) then fly from there to US, double check if the travel ban is applied based on passport or based on origin, if its based on passport then there is no point since you would not be able to change passport until you acquired another nation's citizenship. I think if you act now then probably you're in good shape, if not deal with HR & cite recent travel ban based on press release by the US Govt. Now, while you are in quarantine, if that country does allow applications & grant your visa, then you might have to extend based on your passport arrival however, since you have ~60+days at your disposal, you might want to try quarantine at other nation and travel from there. 

[gopalakrishnach]

I am sorry for your loss.

- Should I get to the US via third country ASAP before my visa expires, would that cause any issues during immigration? - if you can get visa stamped you can come back to USA. I feel no major issues.

- Does the US allow us to enter on an expired stamped visa but a valid I-797? - No. You need to have valid existing visa stamped.

- Should I try and find visa appointments in another country and get my visa stamped while I wait for the US to lift restrictions - yes get visa stamped and when US lift restrictions you can come back to USA.

- Should I risk waiting and hope visa slots open before October - if nothing possible, I guess this is what you can do.

My HR has informed I cannot stay more than 182 days in India, October would definitely be more than 182 days.