Emergency Appointment date

[mevishwesh]

I plan to visit India for not more than 10-12 days to attend wedding ceremony of my cousin during December 2006. My I-94 has expired recently. Considering the fact that I cannot come back with a New Visa stamp I would like to schedule my Visa Interview date from the emergency quota. I do have the latest approved petition I-797 from my current employer. The VFS website defines who can be eligible for emergency appointments and I fit into the last category mentioned (need to return to work in the US). Wanted to know if it is really true that one can get an Interview date from the emergency quota? In other words can I get an Interview date in Mumbai consulate in December though the current available date is from March 2007?

Thanks.

[Subramanya]

Visa Interview

I plan to visit India for not more than 10-12 days to attend wedding ceremony of my cousin during December 2006. My I-94 has expired recently. Considering the fact that I cannot come back with a New Visa stamp I would like to schedule my Visa Interview date from the emergency quota. I do have the latest approved petition I-797 from my current employer. The VFS website defines who can be eligible for emergency appointments and I fit into the last category mentioned (need to return to work in the US). Wanted to know if it is really true that one can get an Interview date from the emergency quota? In other words can I get an Interview date in Mumbai consulate in December though the current available date is from March 2007?

---- YES, you can get an interview date in December at the US Consulate in Mumbai for your Visa Interview, provided you keep track of the availability of appointments day and night. Remember even emrgency appointments are only available in March 2007. If you have tried to log on to the system and seek and look for appointment dates you will understand.

---- In essence, if you want to have an appointment in December (emergency or otherwise) keep monitoring the vfs website for dates and once someone cancels an appointment, the system picks it and makes it available for others. If you are lucky, you get the date, else keep trying for the next date

Subramanya

[jeganz]

Hey, you have mentioned that your I-94 has already expired... in that case, are you out of status now?

[mevishwesh]

Thanks Subramanya. Let me check with the vfs website. By the way as my I-94 has expired am I really out of status as mentioned by jeganz? I have my latest H1 renewal papers which are valid till December 2008. Please let me know.

[Subramanya]

I-94 Validity

Let me check with the vfs website. By the way as my I-94 has expired am I really out of status as mentioned by jeganz? I have my latest H1 renewal papers which are valid till December 2008. Please let me know.

---- It seems that you are talking of an I-94 attached to your Passport. then check the following

---- Does the H1 renewal notice (I-797) has a I-94 attached to the bottom portion. Just check the date on it. If yor H1 was renewed till 2008 you would also get the I-94 till 2008.

Subramanya

Alternately

---- Check the following website and you will get more information. Below the link is an extract from the same website


Why Do I Need to Extend My Nonimmigrant Status?

A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure. When you entered the country as a nonimmigrant, a U.S. immigration inspector should have examined your passport and visa and then given you (or placed in your passport) an USCIS Form I-94 (Arrival/Departure Record). It is this record (not your visa) that tells you, in the lower right-hand corner, when you must leave the United States. You can prove you did not violate U.S. laws by turning in your Form I-94 to the proper authorities when you leave the country. If you want to extend your stay in the United States, then you must ask for permission from the U.S. Citizenship and Immigration Services (USCIS) before your authorized stay expires. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. If you break immigration laws, you may also become subject to removal (deportation).

For more information, please see:

· Obtaining an Arrival-Departure Record (I-94) (--this also explains how to obtain a replacement)

· Length of Stay is Determined by Your I-94 Arrival-Departure Record -- NOT Your Visa

My Authorized Stay Has Already Expired (I Am Late Filing for an Extension)

If you are late filing for an extension and your authorized stay has already expired, you must prove that:

The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and
You are not in formal proceedings to remove (deport) you from the country.