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Interview Waiver Program eligibility for H1 renewal

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  • Interview Waiver Program eligibility for H1 renewal

    Hello,
    I have a I-797 H1b approval notice till Dec 2018. I am visiting India to get my passport H1renewal stamped for this.

    I have three H1B stamps in my passport:
    i. H1b Issue date Dec 2008, expiration date Sep 2011 - No annotation of clearance received or department authorization
    ii. H1b Issue date Dec 2011, expiration date Sep 2012 - Annotation of clearance received is present
    iii. H1b Issue date Jan 2014, expiration date 31 Dec 2015 - No annotation of clearance received or department authorization


    While I was trying to schedule an appointment for H1 stamping, I had to go through a series of questions to check my eligibility for Interview Waiver Program (IWP). I would like to understand the following questions better regarding IWP, especially question #2. A YES or NO for Q#2 defines my eligibility for IWP. Please verify my other answers as well. I am trying to be extra cautious every time since I received a 221 G before.

    1. Do you have a previous H-1B visa (temporary occupation, temporary worker or trainee)? YES
    2. Was your prior H1B visa (temporary occupation, temporary worker or trainee) annotated “Clearance Received” or “Department Authorization”? Does it mean my last H1 visa (see iii above) or any of the three h1 visa stamps (see i to iii above)? Will it be YES or NO in my case?
    3.Have you ever been refused a H-1B (temporary occupation, temporary worker or trainee) visa before? YES (since I received 221 G and clearance received (see ii above). I have filled Yes for this Q in DS160 form this time. I filled Yes for this Q in DS160 the last time also (during stamping of iii ) with no issues and this question does not affect my eligibility for IWP.
    4.Did your most recent application for a H-1B visa (temporary occupation, temporary worker or trainee) result in you being issued the visa? YES
    5.Is your previous H-1B visa (temporary occupation, temporary worker or trainee) still valid? NO (expired on 31 Dec 2015)
    6.Did your previous H-1B visa (temporary occupation, temporary worker or trainee) expire within the last 12 months? YES (If I have to appear for interview, am planning for 28 Dec 2016). If I am eligible for IWP, I will drop off all the documents on 27 or 28 Dec.
    7.Was your most recent H-1B visa (temporary occupation, temporary worker or trainee) issued in India after January 1, 2008? YES

    Thanks
    Piyush

  • #2
    Guys,
    Please respond if you have knowledge about this topic.

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