Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B - Addition of vacation days/weeks (outside country) on Re-stamping

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B - Addition of vacation days/weeks (outside country) on Re-stamping

    Hi,

    Help needed in troubling situations.

    1. My H1B is expiring in January 2018 (date on I-797) and this includes the extension i.e 6 years. My PERM hasn't filed yet and PWD is in process.
    2. Visa expiration date on Stamping is November 2017.
    3. I don't think by January 2018, my I-140 will be approved. I will need to stay out of country for few months.
    4. I am thinking, what if I go out of country now and spend 3 months and come back with re-stamping.

    Will re-stamping process put me on a new date on Visa expiration of January 2018 (as it is on I-797) OR will it give me put a new date adding 3 months (mentioned in #4) which will be April 2018 (January + 3 months)?

    If re-stamping doesn't take care of it, will it require to file another extension to get those 3 months back?

    -Regards,
    DJ

  • #2
    Originally posted by dheerajbasantani View Post
    Hi,

    Help needed in troubling situations.

    1. My H1B is expiring in January 2018 (date on I-797) and this includes the extension i.e 6 years. My PERM hasn't filed yet and PWD is in process.
    2. Visa expiration date on Stamping is November 2017.
    3. I don't think by January 2018, my I-140 will be approved. I will need to stay out of country for few months.
    4. I am thinking, what if I go out of country now and spend 3 months and come back with re-stamping.

    Will re-stamping process put me on a new date on Visa expiration of January 2018 (as it is on I-797) OR will it give me put a new date adding 3 months (mentioned in #4) which will be April 2018 (January + 3 months)?

    If re-stamping doesn't take care of it, will it require to file another extension to get those 3 months back?

    -Regards,
    DJ

    Visa expiry is generally as per the I797. The Consulate will not do the calculation, and will not grant you the additional 3 Months because you do not have an underlying petition valid till April 2018. If you need additional 3 Months you need to first get an I797 expiring April 2018 by requesting the USCIS (through your employer filing the I129).

    This is my opinion not legal advice.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X