Travel and get H1B stamp using old H1B extension about to expire?

USA H1B Visa
1

My h1 expires September 19th 2019 and my company is planning to file extension in March …

I don’t have valid h1 stamp in my passport… i am planning on India vacation July-August , is it better to go for stamping with old 797 or wait till extension approved and go for stamping with new 797?

2

You can apply for H1B extension that is currently valid but you will only get validity as per approved H1B.

3

Thanks yes

I have approved i 140 …If h1 extension is approved it’s start date would be from sep19th…

can I go for visa stamping on July with the new 797 even though start date of that will be sep 19th …

will I have an issue in POE ?

4

You can use the new approved i797 for H1B stamping.

You should have a valid H1B stamping at the time of US entry.

5

Thank you . I am applying Extension with the same company , does premium available now for my case or will I have to wait for uscis to enable them

6

H1B Extension with “No change” is currently available only at Nebraska service center for any new application that you file now.

7

Thanks you … if I go for stamping with old 797 ( which is expire on September ) is there any risk of getting denial ? Since the validity will be only 1 month on the time I go for visa interview

8

It does not matter how much validity is left.
I have seen people getting H1B visa stamp even for less than a month.

You can search for such cases on TruVisa itself. I could share the link but running out of time to search.

9

Ok great …so it doesn’t matter if I go on old 797 or I wait get h1 extension and go with new 797 … only advantage of new 797 would be I get more 3 years visa stamped correct ?

10

There are consequences on your i94 if your extension is pending while you are outside USA.

The chances are high that you will NOT get new i94 after extension approval and you will again have to go out of USA and re-enter.

You can get H1B stamp using old i797 and enter US. But you will get i94 only up-to visa validity until you have the NEW approved i797 in your hand at the time of entry to US.

11

Ahh I see so it’s not gone work if I apply for extension and go for india for visa stamp with old 797 … so best case for me would be to apply extension and get the approval in hand and leave for vacation? And go for stamping with new 797 … please let me know your thoughts

12

Yes, that’s the best case scenario.

13

Thanks Anil… one more question… after I get my extension my new 797 will have start date of September 19th , how early can I go for stamping with that new 797 ? Is there any risk of going early for stamping ? … also once visa stamped should I wait till September 19th for travel back to US or can I come early ?

Appreciate your help on this

14

How will you enter US earlier than sep 19 if the visa stamp has start date as Sep 19?

15

I thought we can travel 10 days ahead of the start date from visa stamp? no ?

16

I am not aware of any such rule.

17

Oh Ok think saw in some immigration forum … so I can travel only after sep 19th … any possibilities of VO considering the remaining days of old 797 during stamp and give stamping remaining days of old 797 … I don’t think that’s possible but wanted to check with you

18

You have to fill the receipt number of approved petition in your DS 160 form.
I don’t think it has option to give two numbers there.

Also, one visa stamp can be given only for 1 full term of petition approval which is 3 years for H1B.

19

Thanks Anil … best case for me would be either get extension and travel after sep 19th for visa stamping or if I want to travel before that , get the extension travel with old 797 for visa stamping… correct ?

20

Sounds like a plan. All the best.