H1b stamping when current is valid

[virohi]

Hello Murthy members,

My H1B visa (stamped in passport) is expiring on Sep 1, 2019.  I also have extension approved (I-797A ) for next 3 years which is until Sep 2021 but, don't have it stamped yet as I didn't travel to India.  I am planning to travel to India in this July 2019 and have following questions.

Can you please share your valuable inputs on below points: ( Please consider my passport is getting expired on 17 June 2020 ) if this affects any of the answers. 

- Will I be eligible for drop box if I travel to India and come back before Sep 1, 2019 to get new visa stamped based on new I-797 ?
- If I go for stamping for approved extension before current visa expiry, then will they cancel current visa stamp? or will they put a new visa stamp that will be effective from date of stamping till extension approved petition end date?

- Does passport expiry date matter in this case while getting latest visa stamped ? In my case extension is approved till 2021 Sep but, passport expires on June 2020.
- What is the best way to get new visa stamped, Option 1: when I travel in July 2019  AND  Option 2: Do it in future when I travel again sometime in 2020. 

Thanks a lot in advance for your suggestions!

[shekar11#]

11 hours ago, virohi said:

Hello Murthy members,

My H1B visa (stamped in passport) is expiring on Sep 1, 2019.  I also have extension approved (I-797A ) for next 3 years which is until Sep 2021 but, don't have it stamped yet as I didn't travel to India.  I am planning to travel to India in this July 2019 and have following questions.

Can you please share your valuable inputs on below points: ( Please consider my passport is getting expired on 17 June 2020 ) if this affects any of the answers. 

- Will I be eligible for drop box if I travel to India and come back before Sep 1, 2019 to get new visa stamped based on new I-797 ?
- If I go for stamping for approved extension before current visa expiry, then will they cancel current visa stamp? or will they put a new visa stamp that will be effective from date of stamping till extension approved petition end date?

- Does passport expiry date matter in this case while getting latest visa stamped ? In my case extension is approved till 2021 Sep but, passport expires on June 2020.
- What is the best way to get new visa stamped, Option 1: when I travel in July 2019  AND  Option 2: Do it in future when I travel again sometime in 2020. 

Thanks a lot in advance for your suggestions!

- Will I be eligible for drop box if I travel to India and come back before Sep 1, 2019 to get new visa stamped based on new I-797 ?

Yes. Make sure you use new I-797 details while filling DS-160.

- If I go for stamping for approved extension before current visa expiry, then will they cancel current visa stamp? or will they put a new visa stamp that will be effective from date of stamping till extension approved petition end date?

Visa stamp always has a issue date. It does not have a start date. So it is effective from the date it is issued.

- Does passport expiry date matter in this case while getting latest visa stamped ? In my case extension is approved till 2021 Sep but, passport expires on June 2020.

It does not matter. But while you come back you will only get I-94 till your passport expiry date. And you need to make sure to renew I-94 in June 2020.

 - What is the best way to get new visa stamped, Option 1: when I travel in July 2019  AND  Option 2: Do it in future when I travel again sometime in 2020.

1. Best option is to go to India in July 2019. Get your passport renewed as it takes only 1 week in India to get new passport since you can renew 1 year before expiry date.

2. After that fill DS-160 with new passport and I-797 details and then drop your docs. Drop box does not require an appointment. You can just walk in and submit docs. That way you have no worries about I-94 getting expired in June 2020.

[virohi]

Thank you Shekar.

[virohi]

I have one follow up question. 

Is it necessary to new my i-94 in June 2020 ? Assuming I will have new passport & and valid visa stamp on old passport. 
If it is necessary, is that process is very complicated ?

[shekar11#]

16 hours ago, virohi said:

I have one follow up question. 

Is it necessary to new my i-94 in June 2020 ? Assuming I will have new passport & and valid visa stamp on old passport. 
If it is necessary, is that process is very complicated ?

I-94 determines your legal stay. Not your visa. You need to renew I-94 before it expires. Process is not complicated. If you have new passport and unexpired visa you can just cross Mexico or Canada border and return back and get a new I-94.