Advice regarding H1b Visa restamping

[boston123]

Hey all,

I'm in a very unsure situation, and is looking to see if some will have any suggestions or advice for me.

My H1b got approved in September of 05 and I went to Canada and got my visa stamped till Sept 08. Now in June of 06, I changed jobs, and found out that my H1b (I-797) automatically got extended till June of 09 from Sept of 08. I went to India in 2007, and the new I-94 that I received on the way back also says June 09.

I need to go to India this coming Januray (2009). But now my visa is expired. My current company only starts the process of getting I-797 extended in Feb or March. In the meantime, they have send me all the job verification and other letters.

But my question is -- will it be a problem and a potential reason for denial for the US visa that my I-797 at this current point is only valid for another six to seven months only. Will it be much more recommended that I cancel my January trip and only apply for the visa when my I-797 has been extended till 2011.

Thanks for all the answers and suggesstions

[txh1b]

I don't understand why you think it is a problem if the I797 is for 6-7 remaining months. It is NOT. You will get the visa till the validity of the I797.