Traveling to India and returning before approved H1B extn start date

[muthurajak (Muthuraja)]

Hi everyone, Currently I am in USA with H1b visa(not stamped, extn) valid till may/2023.
My employer filed my extension in premium process and got my approval for 3 more years (till may/2026)

Now I have plans to visit India by first week of March 2023 and return by first week of April 2023. And dropbox appointment on 10th of March.

Here my question is,

1. Do I need to use the current 797 or the new extension 797 for dropbox appointment?
2. If I use the new extended 797 and get a visa stamp valid till 2026. Can I return to USA in the month of april which is actually before the new extn 797 start date (May/2023)?

I am preferring to use the new extension 797 because that gives me more years in the visa stamp.

Anyone faced such scenario? Please share your experience whichever is helpful. Thanks

[Kalpesh_Dalwadi]

@muthurajak

Do I need to use the current 797 or the new extension 797 for dropbox appointment?

You can mention your new extended I-797 in DS-160.

@muthurajak

If I use the new extended 797 and get a visa stamp valid till 2026. Can I return to USA in the month of april which is actually before the new extn 797 start date (May/2023)?

Submit both current and new I-797 with other supporting documents at your dropbox appointment and you should get the visa till 2026 i.e. 3 years from the date you appear for interview. This means you can travel immediately after your visa is issued.