I797B Approval notice expiring in September 2023, proceed with stamping or renew?

Hello All,

My H1B petition was selected in March 2020, and I received the I797B approval notice with a validity period from October 2020 to September 2023. Unfortunately, due to the COVID-19 pandemic and a lack of onsite opportunities, I was unable to obtain a visa stamping.

With my I797B approval notice expiring in September 2023, I am considering going for stamping, and I am wondering if this would be advisable. Currently, interview dates are available in July/August 2023.

Alternatively, I am considering applying for a new petition to extend the expiration date, but I am not familiar with this process. I am unsure whether this would require another lottery, whether there are any chances of rejection, and how long the process would take. Any guidance you can provide would be greatly appreciated.

Thank you for your time and assistance.

Only H1B employer can file for a cap-exempt H1B petition for you and for that you need a H1B job offer from the sponsoring employer.

You will qualify for cap-exempt so no lottery.

Thank you so much Kalpesh for the details.
Yes, my employer is going to file the petition for the same.

Having few more questions,
Is there a risk of the new petition being rejected?
Do we need to post a new LCA by the client, or will the existing LCA work?
Is there any premium processing?
Lastly, if possible could you please provide an approximate timeline for the approval of the new petition?

Thanks a lot!

If the job offer is legit and employer able to pay the wages in LCA, no issues.

New petition needs new LCA.


15 days for premium processing otherwise based on the USCIS processing center timelines.

Kalpesh, thank you for providing such detailed information. It’s greatly appreciated and very helpful.