Visa stamp expiry date is more than I797 approval date. What next ?


I recently got my new H1B visa stamped. But i have below issues,

  • My approved I797 validity is for only four months !! (Expires on 30th Jan 2014)

  • But my visa stamp has validity of one year.(Valid till 30th Sept)

  • What is the validity of my visa now ?

  • When i should apply for extension ?

  • Do i need to apply for any correction to my visa stamp?

Thanks and Regards

the Date given in Port Of Entry is final - Then come Visa Stamping - Then is ur i797 validity…

As of now ur Visa is valid till 30th Sep., 2014.. Plan and go to US ASAP... 


[b]PS: The dates given at POE are considered final as it overwrites all[/b]

Thanks Ranjith…

So I must be travelling to US before my I797 expires and apply for an extension ?
Or can i apply for extension somewhere in June or July 2014 ?


Are you already in US , if not try to correct your visa stamp .

Even i was in same boat , I797 valid till feb 2014, and visa was stamped till dec 2014

At the port of entry I was given I 94 till dec 2014, which created many problems.

Attorneys told I94 should be valid till end of work permit so that they can extend work permit 6 months prior to I 94 expiry.

So, I went to local CBP and got it corrected. They were reluctant to change it but with great difficulty finally changed I94 date till feb 2014.  Now I can apply for extension.

So, remember that work permit can be extended on the basis of I94. Getting I94 date as per visa may allow to legally stay in the country BUT NOT WORK as your work permit expires before that.

So, if you cannot change passport visa,  [b]atleast show I797 at port of entry and get the correct I94[/b] and extend work permit based on that.

I hope you will not have to go through the hassle of dealing with customs and border protection once you are inside the country.


Thanks for your suggestion. I am not in US yet.
My case is bit different - I have VIsa stamp till sept 2014 but I797 till Jan 2014.

I applied for correction in my visa expiration date, they didn’t do that.
Reason - expiration date is correct.

So as per the legal team here my visa/work permit is valid till sept 2014.
Planing to travel in a month.


Hi alba - did you face any problems because of this?

Got my stamped passport today and my visa expiry is more than the petition expiry.