it's fine unless you get checked. Your visa cannot be issued if your H1 I-
797 already expired when the check is cleared. If such delay, your school
needs to file H1 extension(they haven't done so yet) and selects consulate
notification, and you wait for the I-797 which may take 3-5 months if they
don't PP. You won't be able to return until you get H1 visa stamp.