Minimum validity for H1 visa stamp and 797 approval while entering to US

[ankitp]

Hi

My H1b stamp on passport is expiring on 17Oct2016.
My I797 approval notice is expiring on 14Nov2016. (The difference in dates are because i have changed the employer after my previous stamping is done in India)

I am planning to go to India from Mar 2016 to May 2016.

Questions :
1) I don't think any stamping is required in India. Please confirm ?
2) Will there be any issue while entering back to US at POE. Is there any minimum validity period for H1b visa stamping on passport or 797 approval notice while entering back to US ?
3) I will have to show the latest I797 notice while entering in to US, so as to get the latest I94 (till 14Nov 2016), otherwise they will provide till previous 797 approval notice date (which is till 17Oct2016)

[shervin143]

1) I don't think any stamping is required in India. Please confirm ?
>>> Not required. You can use the existing visa to return. Your I-94 can be issued only till the visa expiry date. But that is okay in your case since your petition will anyhow expire within 30 days from the visa expiry date and you anyways need to file an extension. You just need to file it a month early.

2) Will there be any issue while entering back to US at POE. Is there any minimum validity period for H1b visa stamping on passport or 797 approval notice while entering back to US ?
>>> No. As long as the passport, visa and petition are valid, you can enter U.S. Your I-94 can be issued as per one of these document expiry date. So make sure you have enough time to file the extension. If your I-94 is issued only for a week, then you will have no time to file the extension. So plan your travel appropriately.

3) I will have to show the latest I797 notice while entering in to US, so as to get the latest I94 (till 14Nov 2016), otherwise they will provide till previous 797 approval notice date (which is till 17Oct2016)
>>> You have the show the latest H1B approval notice. I-94 can be issued only till the visa expiry date since visa expires before I-797.