I-797 Expiry

[rrahulgup]

Hi All!

I have been through h1b visa interview recently, right now my case is under admin processing but will receive visa in a month as VO has said due to a minor check. However, my I-797 is valid until 07-Dec-2011 only.

As per the information I have, if I go to US in next 2-3 months (let's say in November), I will be getting I-94 valid only until Dec-2011 i.e. just for one month.

1. Can h1b/petition's extension be filed even before I move to US?
Or
2. What could be the possible options?

Please suggest.

[kabkaba]

Your employer can file an extension anytime (although most will file after you arrive in US).
Your Visa will expire in Dec because you used that petition to apply for the Visa. But your I-94 will depend on whichever petition approval notice you show at the POE.

[shervin143]

To add to the above, if an extension if filed when you are outside U.S, then the approval will not come with a new I-94. You should wait for the petition get approved and enter U.S. By showing both the petitions (existing and extended) you can get an I-94 until the extended petition expiry date. If you file the extension and if you travel with the existing petition and if the extension gets approved when you are in U.S without a new I-94, then you have to leave the country and re-enter again with a valid visa and the extended petition to get an extended I-94.