H1 Extension and stamping


tejasP

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1, Current H1 I797 expires in July 2017. If I initiate H1 Extension in January (6 months before) in premium process and let’s assume it got approved in February. Will the new I797 will effective from February (the day H1 extension approved) OR July (once the current H1 expire)? There is no change in client and location.

2, if I go out of USA and go for stamping to US Consulate in March, Let’s say my H1 extension 797 is effective in July 2017 – July 2020 and current expires in July 2017. What date will be printed in US Visa Stamp on passport?


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1) Your new H1 will only be starting after the old one expires. Example if your old H-1 is expiring on July 31st 2017. Your new H-1 will start on August 1st 2017.

 

2) When you go for your stamping, fill DS-160 and book an appointment with new I-797 receipt number. They will give you visa until July 2020. But take both I-797's. If you check your visa, there is always a issue date and expiry date. There will never be a future effective date on your visa stamp. Sometimes consulate might cancel the old visa with a Cancelled without prejudice stamp or they will leave it as it is.

 

I had the same situation and I went for stamping before my current H-1 expired but had no issues while stamping. My case: Current H-1 expired April 2016. Went for stamping in February 2016 with new I-797 that expires in April 2019 and got the visa until April 2019. Visa issued date was Feb 2016. Hope this helps.

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Thanks Buddy, This is really useful.

 

1, Which US consulate office you visited?

1, if I get my H1 extension approved in February 1st, Can I go to India for stamping after 1 week or so(I know I might not get appointment) ?

2, If all go smooth and will I get visa stamp with issue date as Feb X and expire date July 31st 2020?

2, Can I enter in USA post Feb X on?  (Reason I am asking is visa stamp used 797 August 1st 2017 to July 31st 2020 date in consulate interview). Please note my current stamp already expired in 2011.

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1, Which US consulate office you visited? 


 


Matamoros, Mexico


 


1, if I get my H1 extension approved in February 1st, Can I go to India for stamping after 1 week or so(I know I might not get appointment) ?


 


Yes, you can.


 


2, If all go smooth and will I get visa stamp with issue date as Feb X and expire date July 31st 2020?


 


Yes.


 


2, Can I enter in USA post Feb X on?  (Reason I am asking is visa stamp used 797 August 1st 2017 to July 31st 2020 date in consulate interview). Please note my current stamp already expired in 2011.


 


You should not have any issues while returning to US once your visa is stamped.


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1) Your new H1 will only be starting after the old one expires. Example if your old H-1 is expiring on July 31st 2017. Your new H-1 will start on August 1st 2017.

 

2) When you go for your stamping, fill DS-160 and book an appointment with new I-797 receipt number. They will give you visa until July 2020. But take both I-797's. If you check your visa, there is always a issue date and expiry date. There will never be a future effective date on your visa stamp. Sometimes consulate might cancel the old visa with a Cancelled without prejudice stamp or they will leave it as it is.

 

I had the same situation and I went for stamping before my current H-1 expired but had no issues while stamping. My case: Current H-1 expired April 2016. Went for stamping in February 2016 with new I-797 that expires in April 2019 and got the visa until April 2019. Visa issued date was Feb 2016. Hope this helps.

For instance, if stamping was in administrative processing or 221g. Can we take back passport and enter US with old stamping and new I797 . If old stamping is still not expired.

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