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Posted on 11 Oct 2011
Q.

H1B visa expired but valid I-797

Hi
I will be travelling to india in 2/2012 and my H1B visa expires on 11/9/11 but I797/I-94 are valid until 9/15/12.

I have done MS in US and have been working full time with the same company since 2008.
I got my 1st H1 stamping in 11/09 (india). Got a 221g, but got my visa stamp in 3 weeks then.

There are two options for me for my 2nd stamping -
1. Go to india in Feb and get my H1 stamped -
2. Go to canada now and get my H1 stamped before travel

In the 1st case i will be having 7 months left on my H1B petition. Is there any chance of my visa getting rejected due to the time remaining on my I-797? Any such cases seen?

Also do you suggest travelling after getting my H1-b extended so that my visa stamp is valid for more time and better chance of getting stamped in india?

User's Location: Fremont, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 12 Oct 2011
A.
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Andrew M. Wilson
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Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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