Hi all
Could someone please help me with below situation
Current h1b visa stamp valid : Aug 15th 2023
New i 797 extension approval valid from - aug 16th 2023 to 2026
I have travel plan to India in month of May 2023 and was able to schedule drop box appointment for May 4th 2023
A) As my new i797 approval notice is valid from Aug 16th 2023 and if i go for stamping now, will i be able to enter us before Aug 16th 2023 or should i wait until Aug 16th to enter us?
B) if it dont go for stamping and decide to enter us on existing visa stamp which is valid until Aug 15th 2023, will it be okay and will cbp officer extend my I94 based on new i797 valid dates?
Any suggestion would be very helpful
Thank you!
Based on your new I-797, CO should approve a 3 year visa starting the date of stamping so you should be ablebto use it to enter the US any time after stamping.
If you enter before the start date on your new I-797, CBP may issue I-94 till the current I-797 expiry however the I-94 attached to your new I-797 will govern your status from the start date.