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  1. #1

    Smile Questions about H1B renewal and stamping

    My H1B expires on September 26th 2011. I am planning to go to India in April 3rd week and return in last week of May. I do not have H1B stamping on my passport (was on F1 before).

    Here are my questions:

    1. How soon can I apply for a H1B renewal?
    2. Can I go for stamping in either Canada or Mexico?
    3. If I choose to not renew my H1, will it be an issue while coming back ? I will have only 4 months left, and more so, I am planning to get H4 for my spouse and bring her along with me. Please advise.

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    My H1B expires on September 26th 2011. I am planning to go to India in April 3rd week and return in last week of May. I do not have H1B stamping on my passport (was on F1 before).
    >>> If don't already have a valid H1B visa stamped in your passport, you will need to get it stamped to return back in H1B status.

    Here are my questions:

    1. How soon can I apply for a H1B renewal?
    >>> 6 months prior to the status expiry date (I-94 expiry date).

    2. Can I go for stamping in either Canada or Mexico?
    >>> Yes.
    http://www.immihelp.com/visas/visastampingcanadamexico/


    3. If I choose to not renew my H1, will it be an issue while coming back ? I will have only 4 months left, and more so, I am planning to get H4 for my spouse and bring her along with me.
    >>> No issues. You can return back as long as the H1B petition, visa and passport are valid and you still have the job available. I-94 will be issued only till the petition expiry date. If you have an extended petition, then you will get an I-94 until the extended petition expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

  3. #3

    Default Thanks.

    Thanks for the reply, Shervin!

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