H1B Transfer & Visa Expiry together

[gj01]

Hi Experts,
I have changed my employment to another company, i successfully got my petition approved. The current visa stamped on my passport expires on end of april 2009 and my i94 expires on may 2009. I am planning to come to India for vacation and also thinking over to get the new visa stamped. Same goes with my wife who is on H4, here are my questions where i am looking for some answers

1. Since my visa expires on april 09 and i94 on may 09 with previous employer h1 stamped on my passport, am i eligible now for getting stamped with the new visa with the current employer H1 Transfer.

2. Should i bring my i94 which expires on may 09 for the interview purpose. the reason im asking is ive seen few threats on this website.

3. Since my current employer is an US based company, they dont have much information to provide to me on getting the appointment and what documents to fill. Now what should i start with and whats the entire process for visa renewal and h1b transfer.

4. Do i need still need to fill the form DS-156 and DS-157 over the website.

5. What are the documents should i carry for the interview?

6. Whare are the questions they would ask in the interview?

7. Its a dumb question, is there a way something would go wrong, i mean denying the visa, even inspite everything is true and its a matter of H1B transfer and renewal.

My really sorry, for posting to many questions in a single thread, could somebody please answer my questions.

Thanks.
Best Regards,

gj

[Subramanya]

H1 Dilemma

I have changed my employment to another company, i successfully got my petition approved. The current visa stamped on my passport expires on end of april 2009 and my i94 expires on may 2009. I am planning to come to India for vacation and also thinking over to get the new visa stamped. Same goes with my wife who is on H4, here are my questions where i am looking for some answers

1. Since my visa expires on april 09 and i94 on may 09 with previous employer h1 stamped on my passport, am i eligible now for getting stamped with the new visa with the current employer H1 Transfer.

---- Yes, if you go out of the country by traveling overseas (other than Canada aand Mexico) you have to get a visa to reenter US as your visa will expire if you travel after April 09. However, if you continue staying within the US, there is no need of a visa as the I-94 that has come alogwith your I-797 will have a valid date

---- After transferring your H1 you should have received a I-94 attached to the bottom portion of your I-797

2. Should i bring my i94 which expires on may 09 for the interview purpose. the reason im asking is ive seen few threats on this website.

---- You have to submit all the I-94's while leaving the US at the Port of Departure to the airline authorities. These include the present I-94 you hold from the previous company and the I-94 received with your I-797. You do not carry I-94's to a visa interview as the VO is not asking for them

3. Since my current employer is an US based company, they dont have much information to provide to me on getting the appointment and what documents to fill. Now what should i start with and whats the entire process for visa renewal and h1b transfer.

---- You have already transferred your H1 and you will be having the documents with you (at least copies of I-129, LCA, offer letter and the original I-797A for the H1 petition). If anyone of these documents are not with you then you have to contact your employer or their attorney to get the documents for the visa interview.

---- As regards the appointment for the visa interview the employer will have nothing to do. It is you who has to make the appointment online by accessing the vfs site or the US Consulate site for the respective city in India where you are seeking a n appointment. All the details are provided on these websites. Follow them and make the appointment

4. Do i need still need to fill the form DS-156 and DS-157 over the website.

---- Of course, those are the forms needed for the interview

5. What are the documents should i carry for the interview?

---- Refer to Q.3 and the websites for the relveant documents. Also there are many posts about documents in this and other forums

6. Whare are the questions they would ask in the interview?

---- Go through the FAQ's on the immihelp website

7. Its a dumb question, is there a way something would go wrong, i mean denying the visa, even inspite everything is true and its a matter of H1B transfer and renewal.

---- This will be known only at the time of interview as it depends on your case, employment, employer and a host of unlisted factors and the circumstances of the interview including your responses to the questions posed by the VO

Subramanya

[gj01]

Hi Subramanya,
Thanks a lot answering my questions. Another question is
1. Can i get my passport sameday after the interview?
2. Ive seen in posts, that if we request for same day, they might find some suspision?
3. Otherwise normally, how many days does it take for the embassy to send the passport?
4. Can they send the passport to the address whatever we specify in the form or is there restirictions?

Thanks
Best Regards,

gj

[Subramanya]

Thanks a lot answering my questions. Another question is
1. Can i get my passport sameday after the interview?

---- It may not be possible to get the Passport on the sameday as your interview. They normally send it by courier and it may take 3-4 days

2. Ive seen in posts, that if we request for same day, they might find some suspision?

---- There is nothing of that sort. The process of stamping your Passport takes time

3. Otherwise normally, how many days does it take for the embassy to send the passport?

---- Refer to Q.1 above

4. Can they send the passport to the address whatever we specify in the form or is there restirictions?

---- Yes, you can specify the address to which the Passport can be sent. However, no PO Boxes or incomplete addressess

Subramanya