I-797 Validity period to attend for Visa

[itheprowess]

Hello,

 

My family is visiting India and my spouse needs to attend for Visa to come back into the US.

My 797 expires Aug 30 2015 and due to the recent temporary suspension of H1B premium processing there is a high chance that my H1B extension could be delayed.

 

I was wondering if she could attend for visa with the I-797 valid for less than 3 months?

 

Regards,

-V

[jairichi]

Yes, fine.

[itheprowess]

Hello Jai, Thank you very much for the response, also can I travel on receipt of H1B application and attend the consulate during this period (less than 3 mnths on 797) with my H1B petition pending approval

[ad2010]

If you travel outside of  USA to anywhere other than Canada/Mexico then you may get the H1B petition extension , but high chance that you will not get new I-94 attached with the H1B approval notice.

 

In that case you have to go out of US and get a visa and return on that visa.

 

So, I would suggest you not to travel to India if your H1B extension is pending ,unless it is extremely required to travel.

[jairichi]

Hello Jai, Thank you very much for the response, also can I travel on receipt of H1B application and attend the consulate during this period (less than 3 mnths on 797) with my H1B petition pending approval

If you are asking about visa stamping for you then it will be mostly till the date of petition approval (3 months in your case). You need to carry a copy of your H1B extension receipt notice.