H1B Stamp expires but I-797 valid for next 5 months, should I go for stamping to India?

[RohanChaudhari]

My current H1 visa stamp expires on 30^th Sept. 2017. I have I-797 Approval Notice which says my visa is valid until 26^th May 2018. I am planning to travel to India in December 2017 but I will have to get my visa stamped before I return. But since my existing H1 is only up to 26^th May 2018, I will only have 5 months remaining. My employer will apply for visa renewal after I return.

Note: My employer has already filed my PERM application and it is in process

 

My question is: Considering above scenario, is it safe to travel to India and do stamping. Could there be any problems during stamping since only 5 months are remaining?

[lovely]

You can travel, only thing is you will not have extended validity from your stamping/appointment.

[priya_a]

Hi,

i am also having the same situation. my i-797 and petition are getting expired on Feb 29th 2018 and it is getting expired in 4 months.  we are thinking to go to INDIA on Oct 5th 2017. i dont have H1B visa stamped on my passport which means, ill have to go for stamping (Drop box is not possible) when i go to India. is there any problem if i go to India within 6 months of petition expiry date? ( just wanted to Confirm :))

 

Thank you