H1B Visa validity

[shharathh]

Hi,

I work for company A. I got my H1B visa stamped and i received my passport also. The visa expiration data given in the visa is Mar2016. My I797 petition expires on Oct 2011. Is this difference in dates going to be a problem. Say I am going to travel to US for the first time on Feb 2012 (at this time my I797 petition would have expired but my visa will be valid), will this be a problem for me?

Please advice me on this.

[shervin143]

Usually the H1B visa is issued only till the petition expiry date. It should be a mistake to issue you an H1B until 2016. You should consider yourself lucky.

However, in order to tarvel to U.S, you need a valid petition and a visa. Just a valid visa is not enough.

[shharathh]

Thank you very much shervin for replying. Is there any specific time period that i need to travel before petition expires? (i.e) I heard that i need to travel atleast 3 months before I797 expires. Is this true? Will this difference in dates cause any problem at port of entry or at the time of travel?

[shervin143]

Is there any specific time period that i need to travel before petition expires? (i.e) I heard that i need to travel atleast 3 months before I797 expires. Is this true?
>>> You can travel anytime before the petition expiry date. However, you will be given an I-94 only till the petition expiry date. In order to file an extension, your employer will need sometime to prepare the documents and sent it to USCIS (The extension petition should reach USCIS before your I-94 expiry date). So that is why you need to travel with some considerable days to successfully file the extension. The comfortable time needed for filing the extension should be discussed with your employer.

Will this difference in dates cause any problem at port of entry or at the time of travel?
>>> No.

[shharathh]

Thank you very much for the information shervin.

[shharathh]

H1B Visa validity

Hi,

I am currently staying in united states. My visa details are given below:

Expiration date of I797 (H1B petition) - 30-Sept-2011
Expiration date of H1B visa - 24-Jan-2016
Expiration date of I94 given at port of entry - 24-Jan-2014

When i asked my employer that do i need to apply for any extension now as my petition is expiring on 30-Sept-2011 but have valid I94 till 2012, they told yes and asked me to apply for extension as petition is expiring. My employer has filed for an extension with USCIS.

1. My first doubt is say i get my petition extension approved and if i travel to india back by early Jan 2012 for a vacation then do i need to go for stamping again in india or is it not required since i have valid visa till Jan-2016?

2. My second doubt is say my petition extension got rejected, then am i eligible to stay in US since i have I94 till 2014.I also have active visa till 2016.

Could you please advice my on this?

[shervin143]

1. My first doubt is say i get my petition extension approved and if i travel to india back by early Jan 2012 for a vacation then do i need to go for stamping again in india or is it not required since i have valid visa till Jan-2016?
>>> Not required. You can use the existing visa to reenter.

2. My second doubt is say my petition extension got rejected, then am i eligible to stay in US since i have I94 till 2014.I also have active visa till 2016.
>>> If the extension gets denied, you will have to leave the country. If you want to stay and work as per the I-94, then why file the extension at the first place?