Need clairification regarding I797 expiry and H1 Visa expiry

[Amirineni]

i need clairification regarding I797 expiry and H1 Visa expiry.

My H1B got stamped this month. My I797 Expiry date is on 21/OCT/2011 and my Visa Expiry Date is also on 21/OCT/2011. Before Expiry date i.e., 21/OCT/2011 i may not be able to travel to US. In this case both my I797 & H1B Visa will expires. If i want to travel after that, do i need to apply for new H1 Petition-->Approval-->Stamping process or the old Petition can be extended and need to go for stamping process without any need of Approval process. I am not sure about the process.
Can you please let me know what is the process in this scenario.

Thanks in Advance,
Sagar.

[shervin143]

Usually extension is a term used when you are already in H1B status in U.S. Your employer can file a new H1B under the same CAP. When that gets approved, you will need to go for stamping again.

Inorder to enter U.S in H1B status, you will need to have a valid H1B petition, Valid H1B visa, Valid Passport and the job should be still available for you.

If yu enter U.S before your petition/visa expiry, then you can extend the status from within the country.

[kabkaba]

Any employer can file a new petition and you will need to get a new Visa. Existing cap number from your previous petition can be used.
Only the time spent in the US in H1/L1 status counts against 6 year limit.