H1B EXTENSION STAMPING BEFORE EXPIRY OF PREVIOUS i-797 PREVIOUS H1B NOT STAMPED; DROPBOX ELIGIBLE

[AdiH1Bguy]

Hi Folks,

My current H1B visa is EXPIRED 15-Sep-2019, so I am eligible for dropbox. Earlier this year, my renewal petition was only approved for 6 months till Mar 2020. So I got I-797 from Sep 2019 to Mar 2020. Last month my company filed another Extension petition and that is now approved from Apr 2020 to Mar 2023.

 What I noticed in the new I-797 i just for yesteryda is that the validity starts from April 01, 2020 that is after the expiry of the current I-797 on March 31, 2020. In the mean time I am visiting India in Nov 2019 and planning to schedule an interview for the new visa stamping in Nov 2019.  

1) Can I use the new I-797 (Apr 2020 to Mar 2023) in the DS160 forms and get stamping from Nov 2019 to Mar 2023?

2) Can the new visa be issued with dates starting from Nov 2019 to March 2023 when actually the extension petition validity starts only in April 2020. Do I need to submit both I-797's (Sep2019-Mar 2020 & Apr2020-Mar2023)? 

3) Can the  new I-94 be issued till the New H1b Petition extended petition expiry date (March 2023) at the POE.

I very much appreciate your help on this. Please reply ASAP.

Thanks in advance,

Adi

[shekar11#]

21 hours ago, AdiH1Bguy said:

Hi Folks,

My current H1B visa is EXPIRED 15-Sep-2019, so I am eligible for dropbox. Earlier this year, my renewal petition was only approved for 6 months till Mar 2020. So I got I-797 from Sep 2019 to Mar 2020. Last month my company filed another Extension petition and that is now approved from Apr 2020 to Mar 2023.

 What I noticed in the new I-797 i just for yesteryda is that the validity starts from April 01, 2020 that is after the expiry of the current I-797 on March 31, 2020. In the mean time I am visiting India in Nov 2019 and planning to schedule an interview for the new visa stamping in Nov 2019.  

1) Can I use the new I-797 (Apr 2020 to Mar 2023) in the DS160 forms and get stamping from Nov 2019 to Mar 2023?

2) Can the new visa be issued with dates starting from Nov 2019 to March 2023 when actually the extension petition validity starts only in April 2020. Do I need to submit both I-797's (Sep2019-Mar 2020 & Apr2020-Mar2023)? 

3) Can the  new I-94 be issued till the New H1b Petition extended petition expiry date (March 2023) at the POE.

I very much appreciate your help on this. Please reply ASAP.

Thanks in advance,

Adi

1. Yes, you can do that. Make sure you fill latest I-797 details in DS-160. 

2. Visa stamp always has an issue date, not a start date. Yes, you need to carry both, in fact all I-797's are needed just in case they ask.

3. Yes, if your passport is valid till March 2023.

[rohit369]

Max I94 validity they will issue will be 3 years from the day you enter the US for H1B visa holders.

Edited October 29, 2019 by rohit369