Can I enter USA for the first time on H1B post my first I797 expiry date? - Did not enter US so far

[KAN.SK]

Hi,

I lived in USA in the past and moved out 6 years ago due to family reasons. About 2.5 years back, I've applied for a fresh H1B through different employer and got it approved I797 (H1B) through lottery process, which is expiring in 3 months (Expiry date: 30/9/2024).

So far, I did not enter US using above approved I797 due to family reasons, and did not even attended US embassy for stamping yet!

As I have plans to go back US once my family responsibilities are over, I need at least 2 more years time to move to USA.

 

Following are the questions I have.

Q1. Can I get extension of I797 post 30/9/2024 (it's initial expiry in next 3 months), and then enter US in the next two years?

Q2. If the answer for Q1 is "Yes", then should I get stamped now (in the next 3 months) before my first approved I797 expires?

Q3. If the answer for Q1 is "No", then what are the alternate options I have to enter US after 2 years from now? Other than applying through Lottery which I think is final option which is always open for me and anyone.

 

Please share if  there any similar or same stories where I797 extension applied by same employer post expiry date, when candidate did not travel to US even once one approved I797.

 

Your expert answers will help me. Thanks in advance.

 

 

 

 

[Zodiac System]

Does your your current employer who filed your H1b still have a job for you in US?  If yes, get stamping documents from him and get a visa stamp for your current H1b and also request him to file your extension in Consular processing. Good Luck. 

[KAN.SK]

Thanks Zodiac System. 

So, are you recommending to get VISA stamped via current employer who filed my H1B before it expires (in the next three months)?

Only then current employer would be able to apply for extension of my H1B, although I want to enter US in 2026 ?( I'm not planning to go until then).