Hello,
My friend has got his H1B visa & I-94 approval date greater than 180 days in the past. Does he have to travel to India immediately or he can apply for extension staying within US and then get the approved I-797 and then travel to India and get the visa stamping done? Please suggest.
I do not understand what you mean by greater than 180 days ? Can you please clarify ?
If they got approval after 180 days and they were maintaining proper status, it is fine.
Sorry about the confusion. My friend who’s I797 was approved prior until June 2021 had a site visit by USCIS and they asked for more documentation to the employer. They submitted and later got RFE and recently got approved and got a backdated of 06/30/2019 in the visa and I94 dated 7/10/2019.
Does he need to leave US now and get stamping and come back?
He is also filing for H1B extension with his employer in the meantime.
Well, if they do not have valid H1B now, then they are technically not in status and should leave. This is slightly grey area as it has complications of filing during not in status. I would suggest you ask your friend to talk to his attorney and take their advice on this.
What was out come for your friend’s scenario? i am same situation. Please advise.