H1B Cap Exempt - Validity of New approved I797 is 4 months


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Hello All,

My wife's employer had filed her H1-Cap Exempt last year (October 2018.Wife is in India, her last extension was rejected in early 2018) with Manager's letter with date mentioned as 12/31/19. The Visa was filed regular with one RFE after 7 months and was then upgraded to premium with updated SOW and client Later both requesting extension till end of 2020.

She received her approval last week and when we got the I797 the expiry mentioned was till end of year. N.B. She has around 4.5 years on her cap left.

Now given that she has only 4 months left and has to do stamping. I have two questions:

1. Will she be able to get a stamping and travel ASAP with just 4 months validity on her 797?

2. Is this a common occurrence where even with extended duration on SOW and client letter, approval is given based on manager's letter? If so then wouldn't the RFE wanting updated SOW and client letter be rendered just as a formality?

Will really appreciate your views on this.



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