H1-B Ext. Appr. - But Visa Expiry Date is different from Petition Expiry Date(PED)


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Hi Friends,

I would very much appreciate your help with my situation:

I am currently in Malaysia for a Project Deployment. I am into my 6th year of H-1B with my Labor already filed(awaiting confirmation). I visited the US consulate in Malaysia for my H1-B Extension with my I-797 having approval until OCT 2012. My Visa was approved but when I checked my Visa I noticed that they had provided my Visa Expiry Date as APR2012 and in the same Visa my PED(Petition expiry date) is stated as OCT2012.

Can you please help me with the following questions:

1. Usually in all my previous H1-B Visa stamping my Visa Expiry and PED expiry would be same. But this time it is not. I enquired with the Passport officer and they mentioned it was not an error, it could have been due to my Labor pending. Now i am forced to change my travel plands and enter US by APR2012.

Has anyone faced this situation before.

2. What controls my validity of stay in the US? is it my Visa Expiry or the PED. Also I still have my I-797 which has an I-94 valid until OCT2012.

3. Assuming when I enter US, the Visa officer uses my Visa Expiry(APR 2012) as the date for my I-94 expiry . In that case am I legally allowed to reside in the US until OCT2012 since my I-797 is valid till then .

I would very much appreciate any input on the above.



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