Urgent!!! H1b Visa expiration date different to that on I-797


RashmiG

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Hi All,

This is my 4th year in US on H1b and last year (around Aug 2011) when I applied for an H1b extension while I was in US I got extension only for a year (expiring Nov/24/2012) as only my Labor was approved for my green card processing. Hence my current I797 is valid till Nov/24/2012 i.e. one year extension.

After that my employer applied for my I-140 and got it approved in Feb 2012 while I was in US. This week when I visited India and went for H1b stamping to Kolkata Consulate to re-enter US, I got a visa stamped on my passport with an expiration date of Nov/24/2014 and PED of Nov/24/2014, instead of Nov/24/2012 (current I-797's expiration date). I am confused as to whether this is two year addition was valid or is a mistake on the part of US Consulate, Kolkata.

What am I expecting the I-94 expiration date to be when I enter US? Is it going to be the Visa expiration date on my passport or the current I-797 expiration date? Please help me get to the bottom of this as I have heard that there are lot of immigration officer at the port of entry doing mistakes on this matter.

Thank you,

Subhadip

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Hi All,

This is my 4th year in US on H1b and last year (around Aug 2011) when I applied for an H1b extension while I was in US I got extension only for a year (expiring Nov/24/2012) as only my Labor was approved for my green card processing. Hence my current I797 is valid till Nov/24/2012 i.e. one year extension.

After that my employer applied for my I-140 and got it approved in Feb 2012 while I was in US. This week when I visited India and went for H1b stamping to Kolkata Consulate to re-enter US, I got a visa stamped on my passport with an expiration date of Nov/24/2014 and PED of Nov/24/2014, instead of Nov/24/2012 (current I-797's expiration date). I am confused as to whether this is two year addition was valid or is a mistake on the part of US Consulate, Kolkata.

What am I expecting the I-94 expiration date to be when I enter US? Is it going to be the Visa expiration date on my passport or the current I-797 expiration date? Please help me get to the bottom of this as I have heard that there are lot of immigration officer at the port of entry doing mistakes on this matter.

Thank you,

Subhadip

Hello,

Congratulations on your Visa.. As I understand, your visa is a travel document and would be valid for you to re-enter US till Nov-24-2014. But since your H1 is valid only till Nov this year, which states that you have work authorization only till that date (not considering the fact about your GC status). I think, if you extend your H1 after Nov this year, you wouldnt need to go for visa stamping again since you have a valid visa till 2014.

This might not be entirely true and it would be best to consult an attorney..

All the best!!

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