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Advice regarding H1b Visa restamping

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  • Advice regarding H1b Visa restamping

    Hey all,

    I'm in a very unsure situation, and is looking to see if some will have any suggestions or advice for me.

    My H1b got approved in September of 05 and I went to Canada and got my visa stamped till Sept 08. Now in June of 06, I changed jobs, and found out that my H1b (I-797) automatically got extended till June of 09 from Sept of 08. I went to India in 2007, and the new I-94 that I received on the way back also says June 09.

    I need to go to India this coming Januray (2009). But now my visa is expired. My current company only starts the process of getting I-797 extended in Feb or March. In the meantime, they have send me all the job verification and other letters.

    But my question is -- will it be a problem and a potential reason for denial for the US visa that my I-797 at this current point is only valid for another six to seven months only. Will it be much more recommended that I cancel my January trip and only apply for the visa when my I-797 has been extended till 2011.

    Thanks for all the answers and suggesstions

  • #2
    I don't understand why you think it is a problem if the I797 is for 6-7 remaining months. It is NOT. You will get the visa till the validity of the I797.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.