I797-B Vs VISA STAMP

USA L1, L2 Visa
1

Dear Sir,

My L1A Visa got stamped on 25th Feb. My I797-B Expires on 27th Apr 2022. My VISA Stamp shows PED as 22nd Apr 2023. What do I need to do next? My company has to file extension or the VISA stamp automatically extends the petition for another year?

2

Visa and petition are two different things. Visa allows you to enter the the US while petition allows you to work in the US. You have two options.

  1. Travel to the US now and start the L1A job. Once in the US your employer can file extension of status before the current petition expires on 27th April.

OR

  1. Your employer file L1A extension while you are still in India and once approved you can travel to the US using new petition but already issued visa.

Consult your employer’s immigration lawyer and follow their advice.

3

Thank you very much. Really appreciate your help.

4

Dear Sir,

My VISA stamp shows PED (PETITION EXPIRY DATE) as 22nd Apr 2023. Does that mean it over writes the previously issued PED of 27th April 2022 by USCIS?

5

What is the PED on the I-797B? Your visa do not override the PED in your I-797. Also your visa do not govern your legal status in the US, it is just a travel document required to enter the US. It is the I-94 document that governs your legal status in the US.
So, when you enter the US, you will present the I-797B to the CBP at port of entry along with your passport/visa and other H1B related documents and they will issue I-94 matching the PED on your I-797B. Once in the US, your employer will need to apply for extension of status before your I-94 expires.

6

Dear Sir,

Is it possible to call you and discuss? As my situation is confusing more than it seems.

Regards,
Shafiq

7

You should discuss your concerns with your employer and their immigration lawyer. Fyi, I am not a lawyer and try to answer questions for forum users based on my knowledge and experience with US immigration laws.

8

Dear Sir,

I am still in India and have got my extension approved for another two years until 27th April 2024. Now my concern is - My VISA on the passport shows previous receipt number and not the new one that I have recently received since it was stamped on the basis of my previous approval.

Will it be okay to travel with the new I-797B and the VISA with the older I-797B receipt No.?

Regards
Shafiq Shaikh

9

Yes, you can travel as far as your Visa is valid. Visa is not tied to any employer even if it has employer name on it. You can use your current valid visa to travel even if your H1B employer change.

10

Dear Sir,

Thank you very much.