h1b visa stamping

[Amol Aggarwal]

Hi,

I plan to go to India in the month of November and return back by 15 December. My employer will start the extension process this month as my current petition is only valid till 31 December 2017. Usually, it takes 4-5 months for extension to get approved in normal processing.
I wanted to check if I can get the visa stamped using the i797 receipt notice which states that the extension has been applied (but not yet approved). Is there any risk that my passport won't be stamped as the application for extension will still be pending. If yes, can I get my visa stamped till old validity date ie 31st December for the purpose of entry in US.

[raghvi]

Hi,

I plan to go to India in the month of November and return back by 15 December. My employer will start the extension process this month as my current petition is only valid till 31 December 2017. Usually, it takes 4-5 months for extension to get approved in normal processing.
I wanted to check if I can get the visa stamped using the i797 receipt notice which states that the extension has been applied (but not yet approved). Is there any risk that my passport won't be stamped as the application for extension will still be pending. If yes, can I get my visa stamped till old validity date ie 31st December for the purpose of entry in US.

You cannot get visa stamped based just on the receipt notice.The consulate may just stamp till Dec 31 or put in admin processing till approval of new petition.

This is my opinion not legal advice.

[Amol Aggarwal]

Can I still go to India if I get my visa stamped only till Dec 2017 and return in Dec itself. Is there any chance they wont stamp the visa as it is valid for only 1 month.