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Travel on H1B with an approved Extension

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  • Travel on H1B with an approved Extension

    Hello,

    My wife is currently on H1B Visa never got stamped.

    Her I-797 is valid until April 1 2017.

    Her employer already filed for an extension under premium processing and if approved I-797 will be valid until April 1, 2020.

    She is planning to travel on March 8th 2017 and return on March 20th 2017 due to family emergency with approved I-797.

    When she go for Visa interview at Mumbai Consulate , will she get visa till April 2017 or based on new approval until April 1,2020 or She will get denied?

    Same thing , how about her I-94 at POE ? It will be based on new I-797 or old I-797 or may be sent back?

    Please help, thank you in advance.

  • #2
    Originally posted by WaitingformyTurn View Post
    Hello,

    My wife is currently on H1B Visa never got stamped.

    Her I-797 is valid until April 1 2017.

    Her employer already filed for an extension under premium processing and if approved I-797 will be valid until April 1, 2020.

    She is planning to travel on March 8th 2017 and return on March 20th 2017 due to family emergency with approved I-797.

    When she go for Visa interview at Mumbai Consulate , will she get visa till April 2017 or based on new approval until April 1,2020 or She will get denied?

    Same thing , how about her I-94 at POE ? It will be based on new I-797 or old I-797 or may be sent back?

    Please help, thank you in advance.
    If her petition gets approved from April 02-2017 till April 2020 and the visa officer is convinced she would get visa till April 2020.
    If she enter US with a visa valid till April 2020 and petition valid till 2020, and the CBP officer is convinced then she will get I-94 till April 2020.

    This is my opinion not legal advice.

    Comment


    • #3
      Hi Raghvi,

      Thank you for quick response. But can you please explain what do you mean by "Visa officer is convinced"?

      There is no policy or defined rule what office should do based on laws?

      Comment


      • #4
        Originally posted by WaitingformyTurn View Post
        Hi Raghvi,

        Thank you for quick response. But can you please explain what do you mean by "Visa officer is convinced"?

        There is no policy or defined rule what office should do based on laws?
        Officers need to be convinced about the qualification of the employee, and the employer's ability to pay the employee as per the prevailing wages and of course a clear relation ship between the two. If the officer is not convinced about any of these then they would generally put the application in admin processing or may even reject.

        https://www.uscis.gov/eir/visa-guide...tion/h-1b-visa


        This is my opinion not legal advice.

        Comment

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