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H1B stamping expiring in 9 days before entering USA? Re-interview or not?

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  • H1B stamping expiring in 9 days before entering USA? Re-interview or not?

    Hi friends,

    I have a valid H1B visa stamping and I am currently in USA. I need to go to India for unavoidable reasons. My visa stamping is expiring on June 9 and I am entering USA on June 1st. I do have a valid H1B petition approved for another three years starting June 9, but do not have stamping. So question is should I go to US consulate in India for new H1B stamping which is expiring but not expired. Can they stop me from entering USA, for expiring visa stamping? I am afraid, if I go and they reject my new stamping, I will be stuck. So I am not able to decide, which one is a bigger risk.

    Thanks so much in advance!
    Prashant

  • #2
    Originally posted by drpurohit22 View Post
    Hi friends,

    I have a valid H1B visa stamping and I am currently in USA. I need to go to India for unavoidable reasons. My visa stamping is expiring on June 9 and I am entering USA on June 1st. I do have a valid H1B petition approved for another three years starting June 9, but do not have stamping. So question is should I go to US consulate in India for new H1B stamping which is expiring but not expired. Can they stop me from entering USA, for expiring visa stamping? I am afraid, if I go and they reject my new stamping, I will be stuck. So I am not able to decide, which one is a bigger risk.

    Thanks so much in advance!
    Prashant
    Would strongly suggest to go for the interview and get new visa stamped. If not, in most likelihood, upon your return, you would be given I-94 only till your visa expiry. You may face questions also as to why you did not get yourself a new visa, you can say lack of time, but then you would most likely get stay authorized only till June 9th. If that happens, you would have to file extension as soon as you return. If you are not confident of attending the interview due to lack of certain documentation, the extension may also be in jeopardy.

    This is my opinion not legal advice.

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    • #3
      Originally posted by drpurohit22 View Post
      Hi friends,

      I have a valid H1B visa stamping and I am currently in USA. I need to go to India for unavoidable reasons. My visa stamping is expiring on June 9 and I am entering USA on June 1st. I do have a valid H1B petition approved for another three years starting June 9, but do not have stamping. So question is should I go to US consulate in India for new H1B stamping which is expiring but not expired. Can they stop me from entering USA, for expiring visa stamping? I am afraid, if I go and they reject my new stamping, I will be stuck. So I am not able to decide, which one is a bigger risk.

      Thanks so much in advance!
      Prashant
      Hi Prashant,

      Its better to go for stamping in India with proper documentation like Client letter valid for next one year and get it stamped with the new date. All the best.

      Regards,
      Prabakaran

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