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H1B Visa Stamping with Future H1B Extension date

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  • H1B Visa Stamping with Future H1B Extension date

    Hi,
    I need an urgent help from any one of you who can have some knowledge about my case.

    I am working on a company with H1B visa which has validity until 24-Nov-2013. My Company processed an H1B extension now and it is approved with validity from 25-Nov-2013 to 24-Nov-2016.

    I am going to India next month and planning for H1B visa stamping in 20-Aug-2013. My lawyer said i need to use new H1B extension for my DS-160.

    My question when i go to stamping, do i need to provide two I-797?

    If i get visa stamping until 2016, when can i return to USA? ( Currently I am planning to come on 12-Sep-2013).

    Will i have any problem at port of entry to come back in 12-Sep-2013.

    Please help me as i already planned my travel. so i need your advice

    Thanks
    kosarasr

  • #2
    Use only the new approval notice when you apply for your Visa. But keep the current one with you and show that if asked for.

    As for POE, it is possible that they will give you an I-94 matching the current petition. If that happen you will need to again extend status. (Possibly by traveling out on or before Nov 24 and returning on or after Nov 25).
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Use only the new approval notice when you apply for your Visa. But keep the current one with you and show that if asked for.

      As for POE, it is possible that they will give you an I-94 matching the current petition. If that happen you will need to again extend status. (Possibly by traveling out on or before Nov 24 and returning on or after Nov 25).

      Thanks for your reply.
      I will complete my DS160 based on new extension document. I will definitely will carry current petition for visa stamping.

      When i return on 12-Sep, do i need to handover both I-797 to Immigration officer at Port Of Entry and they will decide about I-94 validity.

      In case of the Immigration Officer gives I-94 validity until 24-Nov-2013 based on existing petition, what happens to new petition validity? Do i need file one more H1B extension process?

      Thanks
      Sridhar

      Comment


      • #4
        If that happens your stay will be limited to I-94. Petition will remain valid. You will need to extend your stay in that case. There are two ways to do that.
        1. Your employer files petition amendment.
        2. You leave the US before I-94 expiry and return after I-94 expiry. (Even Canada/Mexico is okay for this purpose).
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kosarasr View Post
          Thanks for your reply.
          I will complete my DS160 based on new extension document. I will definitely will carry current petition for visa stamping.

          When i return on 12-Sep, do i need to handover both I-797 to Immigration officer at Port Of Entry and they will decide about I-94 validity.

          In case of the Immigration Officer gives I-94 validity until 24-Nov-2013 based on existing petition, what happens to new petition validity? Do i need file one more H1B extension process?

          Thanks
          Sridhar
          Hello Sridhar,

          Can you please let me know what had happened with your stamping, did they give the stamping till your new H1B date or your current petition?

          Regards,
          Hari

          Comment


          • #6
            Hi kosarasr,

            Did you get visa till 24-Nov-2016? Please let me know, I am also in a similar position like you and wanted to go for visa stamping.

            Thanks,
            BD

            Comment


            • #7
              Originally posted by kosarasr View Post
              Thanks for your reply.
              I will complete my DS160 based on new extension document. I will definitely will carry current petition for visa stamping.

              When i return on 12-Sep, do i need to handover both I-797 to Immigration officer at Port Of Entry and they will decide about I-94 validity.

              In case of the Immigration Officer gives I-94 validity until 24-Nov-2013 based on existing petition, what happens to new petition validity? Do i need file one more H1B extension process?

              Thanks
              Sridhar
              Hello Mr. Sridhar,

              Can you please share the outcome of your visa interview and POE to US. I am starying on same boat and not hearing any live experience. Your response is highly appreciated.

              Thanks,
              Santosh Amrit

              Comment


              • #8
                I am also same situation , Can somebody please respond with their experience?

                Thanks,
                Chandra

                Comment


                • #9
                  Don't worry. They will add your current i797 validity date in your Visa amendments.
                  I just had the same situation my approved i797 has start date of 08/11/2017 till 08/10/2020.
                  My current i797 validity is valid till 08/10/2017. You fill your DS-160 with the new one.
                  Take both i797 with you for your interview. They will add your current valid i797 date as amendment to your stamped visa.
                  I just had a stamping last week.

                  Comment


                  • #10
                    Hi ,

                    I am in the same situation , Current I-797 valid till July 15 , and new starting from July 16 , planing to go India in march End
                    Which I-797 should i use , and how long i will get the visa validity ?

                    Please help

                    Comment


                    • #11
                      Sanjt Santosh.amrit would you guys please share your experience

                      I am also in same boat

                      ​​​​​​​currently my stamped visa is expired. I have I797 that valid till 21July 2019, then I have a approved extension from 22July2019 to Nov-2020. I ma planning to visit India in June,
                      As I am less 1 yr from the current stamped visa, I am eligible for visa waver. How do I ensure that the employee of dropbox has noted everything correctly

                      Comment


                      • #12
                        Originally posted by tosukanta View Post
                        Sanjt Santosh.amrit would you guys please share your experience

                        I am also in same boat

                        ​​​​​​​currently my stamped visa is expired. I have I797 that valid till 21July 2019, then I have a approved extension from 22July2019 to Nov-2020. I ma planning to visit India in June,
                        As I am less 1 yr from the current stamped visa, I am eligible for visa waver. How do I ensure that the employee of dropbox has noted everything correctly
                        Hi,
                        I'm also in the same spot.

                        Have you got the answer to your questions? would you please share

                        I already checked with my attorney and also spoke to USA travels helpline they all recommended to use new receipt # , and taking both approvals to U.S. Consulate or waver.

                        But, still I wanted to check live experience from people.

                        Comment

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