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H1B Stamping Before the current i797 expiration date and before the i797(extension) start date

0 votes
Hi All,

I got H1(was F1) and approved for 1 year in May-2016.

H1 Start date: - Sep-2016 and End Date:- Sep 30th 2017. I have not go for stamping yet.

Now I am planning to apply for extension in Apr-2017 and go for stamping in June/July after the extension is approved.

I will go for stamping in July-2017 and will come back US before Aug-2017. When I go for stamping, would I get stamping until 1st H1 i.e. Sep-2017? or would I get stamping until extension(assume 2 years) i.e. Sep-2019?

Appreciate your help ! Please respond with your suggestions.

Thanks

Raju
asked Jan 10 in H1B Visa by maraju (140 points)

1 Answer

0 votes
What ever the copy of your I-797 that you attach with the stamping petition paperwork, that I-797 date would be considered. So, you may use the newly approved I-797 for your stamping for future validity.
answered Jan 11 by ImmiGeek (26,160 points)
Thanks a ton first.
In case if I have new i797 starts from Oct'17 then I would be having two i797s(until Sep'16) and I heard we can use two i797s while filling DS160 at the time of stamping..Can you confirm this?
Can
I didnt observe that your previous 797 is valid and the new 797 is not going to start its validity at the time of your intended stamping appointment date. Yes, you are right, you should present both of the 797 copies for stamping. I would suggest you to write a covering letter requesting your stamping validity to the validity end date of new approval and attach the copies of both 797s under that letter. Also at the time of interview, you may want to refer this fact of requesting the latest 797 date for visa validity towards the end of the interview. Also once you received the stamped passport, check visa validity end date. If its not as per your new 797, immediately send the passport back to the consulate with a copy of your original request letter that I am referring above along with new 797 copy.
On the other hand, Visa is just an entry permit, the visa end date need not be your I-94 end date at POE. If you are not intending to re-enter into US before the end date of new I-797 end date, it really doesnt matter.
Awesome! thanks for your suggestion.
Basically this question came into the picture when I thought I want to go for stamping in July'16 and want to come back in Aug'16 which is close to Sep'16(1st H1 expiration), so do not want to get into trouble, hence planning to travel with new H1 extension approved i797.
So I can conclude that   it would be safe if I travel after extension approval and with two i797s and can come back in Aug'16 with stamping up to Sep'18(if extension is one year), right?
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