H1B Stamping - Clarification

[nrekha]

Hi,

I was working in a company in 2006 and they processed my H1B. My I-797 & my Visa (In Passport) Expiry date is Sep 2009.

When I am in US, my company was bought by other company and they provided me the I-797 approval notice in which I have from 2007 to July 2010.

I like to schedule an appointment now with my latest I-797 in order to get my Visa (In Passport) until July 2010.

Since I am hearing from my friends about the H1 rejections in India (Chennai) I am scared to get the stamp in India.

Q1. I have plans in June 2009 to India fpr my marriage and I am planning to process his H4. Which I-797 should he require at the time of interview?

Q2. On my Visa Interview, is there a chance for me to get rejected?

Q3. If I get rejected, can I travel with my old visa which is valid until Sep 2009?

Q4. Is it advisable to get my stamping in Canada prior to my India trip?


Please help me!

Thanks,
RN.

[Subramanya]

I was working in a company in 2006 and they processed my H1B. My I-797 & my Visa (In Passport) Expiry date is Sep 2009.

When I am in US, my company was bought by other company and they provided me the I-797 approval notice in which I have from 2007 to July 2010.

I like to schedule an appointment now with my latest I-797 in order to get my Visa (In Passport) until July 2010.

Since I am hearing from my friends about the H1 rejections in India (Chennai) I am scared to get the stamp in India.

---- There may be talk circulating amongst people all around. But if you are confident of all your documents, the vis awill be stamped without any issue

Q1. I have plans in June 2009 to India fpr my marriage and I am planning to process his H4. Which I-797 should he require at the time of interview?

---- You should be using the latest I-797 with the extended validity date

Q2. On my Visa Interview, is there a chance for me to get rejected?

---- If you are confident, why does the term rejection come into picture

Q3. If I get rejected, can I travel with my old visa which is valid until Sep 2009?

---- No. The previous visa will be cancelled without prejudice stamp across the visa so that it becomes unusable. When the VO is giving a new visa, they will consider and look into all factors

Q4. Is it advisable to get my stamping in Canada prior to my India trip?

---- You can. But the chances of getting a visa are the same anywhere. However, if you are going to a third country for the first time to get a visa, you may be redirected to your country of origin. In which case you have to travel to your home country (in this case Canada)

---- Ideally, if you have a visa that is valid till Sept. and you are travelling in June, do not attempt to go for a visa stamping. You can return on the existing visa and get a I-94 till the latest validity date on your I-797 at the POE.

---- As for the H4, provide the latest I-797 so that the H4 visa is stamped till that date

[nrekha]

Subramanya,

Thanks a lot for your clear clarifications.

I would postpone my Visa Interview plans and will make use of the current Sep 09 Visa.

RN.