neha_hyd Posted March 25, 2013 Report Posted March 25, 2013 Hello, Can someone please give me some advise??? My H1 visa(I797 and Visa stamp on passport) will be expiring in April last week and I have applied for extension. Lets assume I get approval. Can I travel to India and return just 3 days before my visa stamp expiration date with new I797. Thanks!!!
txresearcher Posted March 26, 2013 Report Posted March 26, 2013 You should have no problem traveling with the new approval notice.
pramod_jna Posted March 26, 2013 Report Posted March 26, 2013 Technically you can .. but be prepared for qns at POE. Why don't you do ur stamping and come back on ur new 797?
shekar11# Posted March 26, 2013 Report Posted March 26, 2013 Better to go to India and come back and apply for extension. Because if you apply before and get your I 797 approved your I-94 will be valid for another 3 years. But if you go out of country and come back with old visa stamp the POE official will give you new I 94 only till your visa stamp expiry date. Then you have to go out of the country with new I 797 again and get it stamped and come back.
neha_hyd Posted March 28, 2013 Author Report Posted March 28, 2013 I was thinking to avoid the stamping since last time they took few months to get it stamp(221g...) Shekar11# -- I thought POE official will give I94 w.r.to new apporoval notice. If any one have any more info or can explain it more....please
rahul412 Posted March 28, 2013 Report Posted March 28, 2013 But if you go out of country and come back with old visa stamp the POE official will give you new I 94 only till your visa stamp expiry date. Then you have to go out of the country with new I 797 again and get it stamped and come back. No, that's not correct. VISA is required at POE in order to enter into US. 797 shows the proof of valid H1 employment and based on that approval a person can get I94 valid till 797 is valid. I94 doesn't depend on VISA.
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