Visa stamping in India with only 30 days of H1B(I797) approval left

[nepats2]

Could somebody answer general policy on following questions:

1. Will US consulate approve a visa if candidate's current H1B(I797) approval will expire in 30 days.

2. Will immigration officer at POE will allow a person to enter into the USA if his Visa & H1B(I797) will expire in 20 days.

3. Is it this process is pretty risky? or normal?

Please note that Employer will have all paperwork ready and apply for H1B extension as soon as the candidate come back to the USA.

thank you very much

[shervin143]

1. Will US consulate approve a visa if candidate's current H1B(I797) approval will expire in 30 days.
>>> Yes, but not advisable. If the case goes into admin processing, then it can take time. In which case, your visa will be denied because the petition will expire by then.

2. Will immigration officer at POE will allow a person to enter into the USA if his Visa & H1B(I797) will expire in 20 days.
>>> Yes. But I-94 will be issued only till the visa expiry date. You will end up having to leave in 20 days.

3. Is it this process is pretty risky? or normal?
>>> They will let you in as long as your visa, petition and passport are valid.

Please note that Employer will have all paperwork ready and apply for H1B extension as soon as the candidate come back to the USA.
>>> Well, the documents for extension should reach USCIS before the I-94 expiry date to get a successful extension.

[nepats2]

thank you shervin143

1. Will US consulate approve a visa if candidate's current H1B(I797) approval will expire in 30 days.
>>> Yes, but not advisable. If the case goes into admin processing, then it can take time. In which case, your visa will be denied because the petition will expire by then.

2. Will immigration officer at POE will allow a person to enter into the USA if his Visa & H1B(I797) will expire in 20 days.
>>> Yes. But I-94 will be issued only till the visa expiry date. You will end up having to leave in 20 days.

3. Is it this process is pretty risky? or normal?
>>> They will let you in as long as your visa, petition and passport are valid.

Please note that Employer will have all paperwork ready and apply for H1B extension as soon as the candidate come back to the USA.
>>> Well, the documents for extension should reach USCIS before the I-94 expiry date to get a successful extension.