H1B I-797 Valid for 3 years but got visa stamped for 1 year at Hyderabad consulate

[smorr6]

Hi,

I've valid I-797 from December 31 2018 to December 31 2021. Recently been for Visa stamping at Hyderabad, India and I've got the visa valid from March 15 2019 to December 31 2019. Although 797 is valid for more period, Visa is valid for shorter term. Do anyone have the same issue as I do? And what is it I can do now as I'm still in India for my vacation.

Also, What happens with my I-94? Will it be the expiry of I-797 or the expiration of Visa ?

[luck2u]

When you enter into USA with new visa, you will be getting I-94 based on your existing visa. Check with your employer/attorney about how to approach consulate on validity that was issued.

[immijam]

On 3/21/2019 at 9:06 AM, smorr6 said:

Hi,

I've valid I-797 from December 31 2018 to December 31 2021. Recently been for Visa stamping at Hyderabad, India and I've got the visa valid from March 15 2019 to December 31 2019. Although 797 is valid for more period, Visa is valid for shorter term. Do anyone have the same issue as I do? And what is it I can do now as I'm still in India for my vacation.

Also, What happens with my I-94? Will it be the expiry of I-797 or the expiration of Visa ?

...at POE you will be issued a I94. Ideally your I94 should have validity consistent with your I797 but practically they just go by whats on visa 90% of the times.

if they go for visa you will have to extend your I797 as per the I94 last issued. Its just bad luck. 

you can contact the consulate for visa date - but I doubt it'll help and even if it does - god knows how long it could take. 

 

[venkatramrm@gmail.com]

On 3/21/2019 at 11:06 AM, smorr6 said:

Hi,

I've valid I-797 from December 31 2018 to December 31 2021. Recently been for Visa stamping at Hyderabad, India and I've got the visa valid from March 15 2019 to December 31 2019. Although 797 is valid for more period, Visa is valid for shorter term. Do anyone have the same issue as I do? And what is it I can do now as I'm still in India for my vacation.

Also, What happens with my I-94? Will it be the expiry of I-797 or the expiration of Visa ?

After seeing many cases, i am 'hearing this 1st time that visa was given of short visa validity than i-797A validity, 

please help us to understand better by providing below info, 

is this your 1st time H1B stamping in your passport ? 

is your employer Indian based MNC ? and you are travelling to US for first time ?

please drop me an email for further detailed discussion.

[pontevecchio]

The I94 you get on entry is NOT dependent on the VISA stamp. It is ONLY dependent on the H1 petition expiry assuming your passport is still valid till that time. You will need a visa stamp if you travel after December,31 2019.

Did you not touch base with the consulate and your employer at that time?. I suspect an error. They should have given you the visa beyond petition expiry.

[immijam]

On 3/23/2019 at 3:27 PM, pontevecchio said:

The I94 you get on entry is NOT dependent on the VISA stamp. It is ONLY dependent on the H1 petition expiry assuming your passport is still valid till that time. You will need a visa stamp if you travel after December,31 2019.

Did you not touch base with the consulate and your employer at that time?. I suspect an error. They should have given you the visa beyond petition expiry.

"The I94 you get on entry is NOT dependent on the VISA stamp. It is ONLY dependent on the H1 petition expiry assuming your passport is still valid till that time."

This is how it should work in theory, but practically couple of times in my case (& also for others I know), what happened is they didn't ask for or even look at the I-797 when presented, When I called for the supervisor on this - she said, I-797 is a status doc and pertains to CIS - they go by DOS doc i.e. visa which they look at and gave me a date consistent with Visa which was obviously shorter in my case. 

I know as per the rules they need to give as per the I797, but practically now a days they don't, if visa is shorter 

[shekar11#]

On 3/21/2019 at 12:06 PM, smorr6 said:

Hi,

I've valid I-797 from December 31 2018 to December 31 2021. Recently been for Visa stamping at Hyderabad, India and I've got the visa valid from March 15 2019 to December 31 2019. Although 797 is valid for more period, Visa is valid for shorter term. Do anyone have the same issue as I do? And what is it I can do now as I'm still in India for my vacation.

Also, What happens with my I-94? Will it be the expiry of I-797 or the expiration of Visa ?

Check with consulate first and request them if they could correct it.

[xTDx]

It is quite possible that OP's passport is expiring earlier or they looked at the client letter which was valid only for an year and corrected USCIS mistakes. All facts are not available imho.

[shekar11#]

21 hours ago, xTDx said:

It is quite possible that OP's passport is expiring earlier or they looked at the client letter which was valid only for an year and corrected USCIS mistakes. All facts are not available imho.

Agree.

[luck2u]

@smorr6: Can you please update in this thread about the final outcome and approach.

[smorr6]

All,

Thanks for your valuable opinions and suggestions. I had reached out to US embassy/ Consulate Hyderabad and was told to submit my PP along with a copy of email confirmation, New visa copy, 797 copy at Hyderabad VAC. Submitted those required docs at VAC and was told it would take 7-10 business days for Visa correction.

[smorr6]

On 3/26/2019 at 1:56 PM, shekar11# said:

Agree.

I haven't submitted the client letter to USCIS and none of my contract docs like SOW have an end date of DEC 2019. This should be a mistake from US embassy itself.

[luck2u]

@smorr6: Thanks for sharing update! Good to hear that they asked to drop passport for correction, let's hope you'll get visa for the period matching with I-797 approval notice.