Urgent: H1-B Extension Visa Waiver Program Eligibility Question

[kumarshah]

I am applying for a US Visa extension stamping beyond 6 years now.

I have a question on the IWP steps.

My last Visa on the passport was issued in January 2008. So, I choose No for the first question for dropbox (As this was before November 2008). The next step has:
Eligibility Criteria:

• I received my visa after August 1, 2004.

• I have a previous U.S. visa in the same class as the visa for which I wish to renew;

• My previous visa was issued in India;

• I have no refusals for a visa in any category after my most recent visa issuance;

• If I am applying for a B1/B2, C1D, F, or J visa, my prior visa in the same classification is still valid or expired within the last 48 months;

• If I am applying for an H or L visa, my prior visa in the same classification with the same petitioner is still valid or expired within the last 12 months.

• My prior visa is not annotated “Clearance Received”.

• My most recent visa (in the same class for which I am applying) was not lost or stolen

Will I qualify for this? I am with the same employer/petitioner and my previous Visa was in same class after August 1, 2004. Or, since that Visa Stamp expired on the passport in October 2009, this makes me ineligible? I had the 3 year extension approval from Oct 2009-2012 (and now extension for another year) but never got the Visa stamping done for it as I didn't travel outside the US.

Thanks

[kumarshah]

Any ideas anyone?

I want to get the appointment taken care of this week to hopefully keep my plane tickets with their current dates and not cause a delay.

Thanks

[raghvi]

When did your 2008 Issued H1B visa expire? If it has expired more than 12 Months back, i.e. the visa expiration date in your passport is 12 months or older than the date of visa interview then you do not meet the condition:

"If I am applying for an H or L visa, my prior visa in the same classification with the same petitioner is still valid or expired within the last 12 months."


Interview waiver Progam is still in its infancy and pilot mode, if in doubt, always book an interview appointment and go for the Visa interview. Also, even if you avail of the interview waiver facility you can still be called for the interview.

This is my opinion not legal advice.

[kabkaba]

When did the Visa expire? Was it within the last 12 months?

[kumarshah]

The Visa stamping on my passport has expiry of Oct 2009.

I had the 3 year H1B extension approval then from Oct 2009-Sept 30th 2012, but since I didn't travel outside US I didn't get stamping.

[kabkaba]

Since your last Visa expired more than 1 year ago, you are not eligible for interview waiver.

[kumarshah]

So, I went through the online appointment process and clicked No to both IWP questions.

It only asks me to schedule the OFC appointment...

[kabkaba]

If you are sure you entered all the questions correctly, this may be a system thing. Call them to confirm.

[kumarshah]

I called the call center, they tried to schedule the appointment for me and they saw the same thing. Only OFC appointment option.

[viks120]

My experience

Hello Friends,

Today I submitted my passport to visa application center at Mumbai.

I had a lot of photocopies of a lot of documents.

But they took my passport, one bank receipt photocopy , one current i797 photocopy and a passport photo.

Thats it and Its done.

They will let me know pick up date within a week.