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US visa stamping in India with I797 expiring in 3 months

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  • US visa stamping in India with I797 expiring in 3 months

    Hi,
    I have H1 extension with valid I797 expiring on May 31st 2016. I am planning to travel to India on March 1st 2016 and planning for Visa stamping as well. I will apply for new H1 extension on my return to US on March end. Can I go for US visa stamping in India on March 2016 as my current I797 is valid till May 31st 2016? My company has raised a concern that my India trip dates are close to I797 expiry. But I felt like still 2 months to I797 expiry date.

    Please respond ASAP.

    Thanks!

  • #2
    Yes.
    This is not a legal advice. Use at your own risk.

    Comment


    • #3
      You can do that. But the best option is to file the extension now in premium and take the extended approval notice when you go to India and get that stamped. That way, you will have an extended visa and also your I-94 will be issued until the extended petition expiry date.
      Last edited by shervin143; 12-23-2015, 07:48 PM.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Originally posted by vijayIndia View Post
        Hi,
        I have H1 extension with valid I797 expiring on May 31st 2016. I am planning to travel to India on March 1st 2016 and planning for Visa stamping as well. I will apply for new H1 extension on my return to US on March end. Can I go for US visa stamping in India on March 2016 as my current I797 is valid till May 31st 2016? My company has raised a concern that my India trip dates are close to I797 expiry. But I felt like still 2 months to I797 expiry date.

        Please respond ASAP.

        Thanks!
        We had a similar situations like you. Our I 797 expires on Feb 2016 and our vacation plan was on Nov 2015. I filed extension by PP and got extension till Feb 2019. On visa interview we got 2 visa stamped one till Feb 2016 and another till Feb 2019.

        Comment


        • #5
          Need help H1b

          Hello

          I am on L1 B visa in USA till Feb 28 2016 and travelling back to India, and my future employees are filing H1B for me ,
          1. is that fine if I will be going back to india, Please let me know if any changes need to be considered
          2. can more then one company file H1B for me.
          3. Do I need to place a request for change of address.
          4. where I will get chance for Visa interview if it got selected in lottery , is it in india or I have to travel back to USA for visa interview.

          Vivek

          Comment


          • #6
            Why is this question relevant to this thread? Check your other thread with the similar question. It has already been answered.

            Originally posted by vivek120061 View Post
            Hello

            I am on L1 B visa in USA till Feb 28 2016 and travelling back to India, and my future employees are filing H1B for me ,
            1. is that fine if I will be going back to india, Please let me know if any changes need to be considered
            2. can more then one company file H1B for me.
            3. Do I need to place a request for change of address.
            4. where I will get chance for Visa interview if it got selected in lottery , is it in india or I have to travel back to USA for visa interview.

            Vivek
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Similar question fot H4

              We're also in the same boat, going for visa stamping with 3-months I-797 validity. In my case, it's dependants that will be returning w/ less than 6-mnths validity, so would that be a concern?
              I'll have an extended I-797 for H1, would that help their stamping and at port of entry?
              TIA!
              Srini

              Comment


              • #8
                Originally posted by book4me View Post
                We had a similar situations like you. Our I 797 expires on Feb 2016 and our vacation plan was on Nov 2015. I filed extension by PP and got extension till Feb 2019. On visa interview we got 2 visa stamped one till Feb 2016 and another till Feb 2019.

                I have the same situation. My current petition is expiring on April-2017 and I got new petition in PP mode which is valid from April-2017 to Dec-2018. I am travelling to India in Dec-2016. I am confused about which petition to refer (current one or future petition) while filling DS160 form. I am opting for drop box at visa consulate in India. My stamped visa was expired on 31st Dec 2015.
                can you please guide me in this situation. Also can you tell me outcome of your case.

                This is very urgent for me, if you don't mind we can shortly talk over the call. My contact is (***) 508 353 5211. Thanks in advance for your assistance.

                Comment


                • #9
                  Originally posted by book4me View Post
                  We had a similar situations like you. Our I 797 expires on Feb 2016 and our vacation plan was on Nov 2015. I filed extension by PP and got extension till Feb 2019. On visa interview we got 2 visa stamped one till Feb 2016 and another till Feb 2019.


                  I have the same situation. My current petition is expiring on April-2017 and I got new petition in PP mode which is valid from April-2017 to Dec-2018. I am travelling to India in Dec-2016. I am confused about which petition to refer (current one or future petition) while filling DS160 form. I am opting for drop box at visa consulate in India. My stamped visa was expired on 31st Dec 2015.
                  can you please guide me in this situation. Also can you tell me outcome of your case.

                  This is very urgent for me, if you don't mind we can shortly talk over the call. My contact is (***) 508 353 5211. Thanks in advance for your assistance.

                  Comment


                  • #10
                    Similar situation

                    Hi vijay, can you please let me know what was the outcome of your case..I m in same boat..i797 valid till sep17, last stamping expired in jul 16 n need to travel in apr 17 n have to for stamping.. appreciate your help

                    Originally posted by vijayIndia View Post
                    Hi,
                    I have H1 extension with valid I797 expiring on May 31st 2016. I am planning to travel to India on March 1st 2016 and planning for Visa stamping as well. I will apply for new H1 extension on my return to US on March end. Can I go for US visa stamping in India on March 2016 as my current I797 is valid till May 31st 2016? My company has raised a concern that my India trip dates are close to I797 expiry. But I felt like still 2 months to I797 expiry date.

                    Please respond ASAP.

                    Thanks!

                    Comment


                    • #11
                      I am having similar situation my i797 will expire in November 24 2023, can I go for stamping? Will be there any issue in stamping or port of entry.

                      Comment

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