PDA

View Full Version : Is it ok to stay in US with i797 and without stamping


cantonsale10@gmail.com
04-20-2012, 08:16 PM
Hi,
I am in 9th year of H1b visa. Greencard process already filed in EB-3.

During my last H1b visa extension, i was granted 3 year H1b approval with I-140 pending criteria.
But this time, I just got 1 year H1 extension due to company's negligence of not providing I-140 pending details.
My question is
1)Is it ok to stay inside the country until (2013)current visa approval (i797)expires without going out of the country for stamping and file h1b extension?
2)I have planned to go for stamping next year, after getting 3 yr extension.Will i have problems in US consulate asking why i haven't done stamping for previous extension?(i have never missed stamping after approval for all 9 yrs).There is lot of cases seen issuing 221g for so many reasons.

Please share ur suggestions or experience based on my situation.

Thanks for your inputs.

nandu_k_n
04-20-2012, 08:55 PM
Hi,
I am in 9th year of H1b visa. Greencard process already filed in EB-3.

During my last H1b visa extension, i was granted 3 year H1b approval with I-140 pending criteria.
But this time, I just got 1 year H1 extension due to company's negligence of not providing I-140 pending details.
My question is
1)Is it ok to stay inside the country until (2013)current visa approval (i797)expires without going out of the country for stamping and file h1b extension?
2)I have planned to go for stamping next year, after getting 3 yr extension.Will i have problems in US consulate asking why i haven't done stamping for previous extension?(i have never missed stamping after approval for all 9 yrs).There is lot of cases seen issuing 221g for so many reasons.

Please share ur suggestions or experience based on my situation.

Thanks for your inputs.

When an H1B visa is extended while you are in US, generally, the I797 contains updated I-94 card attached to its bottom. In such cases, you don't have to go for stamping. It is not necessary that you should go for stamping every time you extend visa.

Visa stamping has become very tight and difficult these days (especially for consulting companies). There are several cases where they directly issued 221g without any reason. So, be careful and carry all the documentation for stamping. That still doesn't guarantee stamping.