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H1B expiring...but have valid I-797.

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  • H1B expiring...but have valid I-797.

    I am in US now. My H1B is expiring in Sep 2016, but I have visa extension approved until May 2019. In this case if I leave USA and re-enter and while re-entering submit my I-797 and updated I-94, will that be sufficient for me to continue in USA upto 2019? Will there be a problem in travelling to India and back during this period until 2019 as the visa in my passport still have Sep 2016 as the expiry date? Or should I get the visa re-stamped on my passport?

  • #2
    Originally posted by anoopgm5 View Post
    I am in US now. My H1B is expiring in Sep 2016, but I have visa extension approved until May 2019. In this case if I leave USA and re-enter and while re-entering submit my I-797 and updated I-94, will that be sufficient for me to continue in USA upto 2019? Will there be a problem in travelling to India and back during this period until 2019 as the visa in my passport still have Sep 2016 as the expiry date? Or should I get the visa re-stamped on my passport?
    One needs a valid visa to enter US. So after Sep 2016, you will will need to get yourself a new visa stamping done .

    This is my opinion not legal advice.

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