H1B Extension Question

[bobby747]

Hi Team,

My current I-797 will be expired on April 25, 2024 and H1B visa on passport was expired on Dec 2020. My current petitioner started filling the H1B extension but not submitted. I am thinking whether I should apply for premium process or not. If I decided to go with premium process then I should pay from my pocket.

In march 2024 I have to go to India for 4 weeks from March 5 2024 to April 5 2024, I will be coming back by April 7 2024 to USA. To apply the extension do I have to go with premium process or I can apply regular process now so that my extension will be IN progress and I can go to India and will be back my April 5 2024 before my I-797 expiration date. 

Can I get your suggestion on this question please.

Regards

[Zodiac System]

Your current H1b expires on April 25, 2024 and you are planning an urgent trip to India in March 05, 2024, coming back April 05, 2024 (both these dates are before your current H1b expires on April 25, 2024.

Your US visa in passport has expired on Dec. 2020 so you currently do NOT have a visa to re-enter US on April 05, 2024.  

Bobby you will have to go for stamping with your current H1b approval and get a visa to re-enter US.  This visa will be valid only until April 25, 2024 (for one month).

Alternatively you can file DS 160 for visa stamping with your new H1b extension details and come back on 26th April, 2024 (instead of April 05, 2024). Make sure your passport has a validity of one+ years to get I-94 date equal to H1b validity.

Going for H1b premium processing is your personal choice). Good Luck. 

Edited December 4, 2023 by Zodiac System