h1B Visa Stamping in India (Chennai)

[aerosrinivas]

Hi,

I applied for my H1B extension last week and it got approved with effective date from Dec 16th 2014 – Dec 15th 2017 and my current visa is valid till Dec 15th 2014.

I am actually visiting India for vacation on Sep 1st and I am planning to go for visa stamping on Sep 3rd. I am not sure if I can go so early for visa stamping (104 days before the new I797’s effective date) or i have to return back with existing visa and the new I797 which is valid till Dec 2017.

I have certain commitments both in india and in US, so i am in position that i can change my travel plan much. Could you please advise me in this regard.

Thanks.

[raghvi]

Hi,

I applied for my H1B extension last week and it got approved with effective date from Dec 16th 2014 – Dec 15th 2017 and my current visa is valid till Dec 15th 2014.

I am actually visiting India for vacation on Sep 1st and I am planning to go for visa stamping on Sep 3rd. I am not sure if I can go so early for visa stamping (104 days before the new I797’s effective date) or i have to return back with existing visa and the new I797 which is valid till Dec 2017.

I have certain commitments both in india and in US, so i am in position that i can change my travel plan much. Could you please advise me in this regard.

Thanks.

One can go only 90 Days before Petition expiry date. The another problem that you may encounter is that the next visa will be valid from Dec 16th Onward, hence can only use that visa to enter max one week before Dec 16th 2014 . You would end up being in India from Sep till Dec.
I would advise against travel in Sept, rather travel in Dec 1st week.

This is my opinion not legal advice.