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Visa Interview Waiver Eligibility

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  • Visa Interview Waiver Eligibility

    Hello Everyone,
    I am planning for a trip to India in May 2015 and during this trip I will be getting my visa stamped.
    I found this link that has the details on the eligibility for the interview waiver:

    Now one of the criteria s is confusing me:

    "If I am applying for an H or L (individual) 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 in the same classification with the same petitioner is still valid or expired within the last 12 months".
    The visa stamp in my passport expired on August 2013. However I applied for H-1 renewal and have a valid I-797 good till 2016. Also I am still with the same company and so does my visa class [still on H1].
    So will I still be eligible for the interview waiver program since I have a valid I-797 [even though the visa stamp in my passport is expired beyond 12 months] or I still need to go for an interview. It says that, if the documents are not accurate they might call for an interview.

    Can someone who has knowledge in this area please provide clarity
    Thanks in Advance.

  • #2
    Originally posted by tonyboysmith View Post
    Hello Everyone,
    I am planning for a trip to India in May 2015 and during this trip I will be getting my visa stamped.
    I found this link that has the details on the eligibility for the interview waiver:

    Now one of the criteria s is confusing me:

    "If I am applying for an H or L (individual) 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 in the same classification with the same petitioner is still valid or expired within the last 12 months".
    The visa stamp in my passport expired on August 2013. However I applied for H-1 renewal and have a valid I-797 good till 2016. Also I am still with the same company and so does my visa class [still on H1].
    So will I still be eligible for the interview waiver program since I have a valid I-797 [even though the visa stamp in my passport is expired beyond 12 months] or I still need to go for an interview. It says that, if the documents are not accurate they might call for an interview.

    Can someone who has knowledge in this area please provide clarity
    Thanks in Advance.
    Visa, Petition, I-94 are different things.

    You are not eligible, simply because your VISA expired over 12 Months back. Valid I-797 is not equal to VISA.

    This is my opinion not legal advice.

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