my husband has a valid h1 i94 and I797 expiring by end of Mar 2014. however, our current visa stamp has already expired last sept 2010. we never got the chance to travel outside US that time, hence the visa was never renewed. however we are planning on taking a 3 weeks travel out of US on Dec 2013. If we apply for a renewal of visa, that visa will be set to expire on Mar 2014, as that is when our I94 and I797 will expire. That is roughly 3 months. Will this cause a problem during stamping?
We have already reached our maximum 6 yrs under H1. Mar 2014 is the final date. However, we have a few weeks that we can recapture and also my husband's employer is planning on filing his immigrant petition sometime on Nov 2013. Given our situation, is it safe to travel on Dec 2013?