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Expiry date on I797A

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  • Expiry date on I797A

    I got my h1b visa approved for a 1 year period. My I797A says visa valid from Oct 2nd 2015 to Oct 1st 2016. I moved to India in November 2015 which means I used up only one month of the 1 year validity. I have remained in India from November 2015 to now. Does my visa still expire on Oct 1st 2016 or I still have another 11 months available to work in the US before my Visa expires?

  • #2
    Originally posted by nanven88 View Post
    I got my h1b visa approved for a 1 year period. My I797A says visa valid from Oct 2nd 2015 to Oct 1st 2016. I moved to India in November 2015 which means I used up only one month of the 1 year validity. I have remained in India from November 2015 to now. Does my visa still expire on Oct 1st 2016 or I still have another 11 months available to work in the US before my Visa expires?
    I1797A is not a visa it is the approval notice for the petition filed by your employer. Visa is what is stamped in your passport. Is the expiry date of the visa in the passport also Oct-1-2016?



    This is my opinion not legal advice.

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    • #3
      Excuse the wrong usage. I have not yet gone for a visa stamping. The expiry date I was talking about is the one on the I-797 A. Would you be able to better answer my question now?

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      • #4
        Originally posted by nanven88 View Post
        Excuse the wrong usage. I have not yet gone for a visa stamping. The expiry date I was talking about is the one on the I-797 A. Would you be able to better answer my question now?
        In order to return to US in H1 you first need to get a H1 visa stamped in your passport. In order to get the visa, you would need a new I797. Ask your employer to file LCA/I129 approval of which will get a new I797 using which you can schedule the interview at the US consulate in India.

        This is my opinion not legal advice.

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