Would this be an issue ?

[learner2009]

Hi,

 

I am in US. I have a visa stamped till Mar 2013 but i have a I-797 valid till Feb 2014. Now due to family emergency I have to travel to India, obviously i have to get my visa stamped... so i have 2 small questions :

 

a) Would it be a risky affair to go out of country and get stamped since I-797 is valid for another 3 months or so ??

 

b) If you think option (a) is too risky, would it make sense to apply it in premium processing while i am in India and then go for stamping. I am expecting to get new extension document I-797 for 3 years since My GC 140 is cleared.

 

Unfortunately i cannot avoid my India trip.

 

Sorry, but this is kind of little urgent, if anyone can let me know, that would be great.

[jairichi]

Hi,

 

I am in US. I have a visa stamped till Mar 2013 but i have a I-797 valid till Feb 2014. Now due to family emergency I have to travel to India, obviously i have to get my visa stamped... so i have 2 small questions :

 

a) Would it be a risky affair to go out of country and get stamped since I-797 is valid for another 3 months or so ??

 

b) If you think option (a) is too risky, would it make sense to apply it in premium processing while i am in India and then go for stamping. I am expecting to get new extension document I-797 for 3 years since My GC 140 is cleared.

 

Unfortunately i cannot avoid my India trip.

 

Sorry, but this is kind of little urgent, if anyone can let me know, that would be great.

1. No risk. I traveled to India two months before my I797 expiry and went of visa stamping and traveled to US with 2 month valid visa.

[Scboy]

Hi,

 

I am in US. I have a visa stamped till Mar 2013 but i have a I-797 valid till Feb 2014. Now due to family emergency I have to travel to India, obviously i have to get my visa stamped... so i have 2 small questions :

 

a) Would it be a risky affair to go out of country and get stamped since I-797 is valid for another 3 months or so ??

 

b) If you think option (a) is too risky, would it make sense to apply it in premium processing while i am in India and then go for stamping. I am expecting to get new extension document I-797 for 3 years since My GC 140 is cleared.

 

Unfortunately i cannot avoid my India trip.

 

Sorry, but this is kind of little urgent, if anyone can let me know, that would be great.

I am not sure about Option A.....But Option B Looks like a good Idea..

[sendilvera]

if you could start the premium from here in US  that would be great ....and then travel ... just my suggestion....

[rahul412]

While you are in India, your employer can file for your ext under PP and enter into US with that latest 797

[kumar_y]

When going for stamping you can always use your approved extended I-797

[Tjgarla]

H1B extension with Premium Processing will be a good option for you. A decision will be given in 2 weeks. 

[learner2009]

The only big catch that i see from option (b) is if while i am in india & they apply for my pp and it gets rejected due to some funky reason. So in that case I will not get new i-797 and i don't know if it may invalidate previous i-797 on which 3 months is left ? then i will have noo option since my current visa on passport is already expired.

 

or 2nd risk could be ... may be while i am in india and i get i-797 and go for interview , US consulate still doesn't have complete details about my new i-797 and they put me in Admin processing ..

 

i may be totally wrong in my assumptions....i am getting more n more inclined towards option (a)

[jairichi]

The only big catch that i see from option (b) is if while i am in india & they apply for my pp and it gets rejected due to some funky reason. So in that case I will not get new i-797 and i don't know if it may invalidate previous i-797 on which 3 months is left ? then i will have noo option since my current visa on passport is already expired.

 

or 2nd risk could be ... may be while i am in india and i get i-797 and go for interview , US consulate still doesn't have complete details about my new i-797 and they put me in Admin processing ..

 

i may be totally wrong in my assumptions....i am getting more n more inclined towards option (a)

Based on my experience you would still get a H1B visa for the remaining months of your valid petition.