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Valid Approved H1B visa petition till Dec31 2020, how to proceed for stamping?

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  • Valid Approved H1B visa petition till Dec31 2020, how to proceed for stamping?

    I am pretty sad to see H1B stamping has been suspended. I am In India holding valid approved H1B visa petition (I797) till Dec31 2020 and I have paid visa fees to get stamp as on 28th April,2020. But unfortunately stamping has been suspended till Dec 31 2020. I am confused and no idea how to utilize opportunity to get stamp after Jan 2021. Is there any process to get my Visa fees reimbursed and because of visa suspension till 31st Dec 2020, my approved petition getting expired.


  • #2
    If the EO is lifted, you can take an appointment and get the stamping done.
    Visa fees, once paid, cannot be refunded. You may reschedule appointments for upto one year from the date of fees paid
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Hi R78
      Thank you for the reply. But I am worried as my I-797 valid ends exactly as on 31st Dec2020. So I may not be in a position to use my visa stamping fees in next year 2021.

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      • #4
        You have one year from the date of fees payment to reschedule (April 2021).
        Opinion only. Cannot be construed as legal advice.

        Comment


        • #5
          my I-797 validity ends exactly as on 31st Dec2020. So in 2021 it won't be valid to go for stamping.

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          • #6
            Which means your sponsoring employer can file for an extension / renewal after the EO is lifted and you can still get it stamped before April 2021
            Opinion only. Cannot be construed as legal advice.

            Comment


            • #7
              You cannot get a Visa Stamp with your current I-797 you have which expires in Dec 2020. The only option is to extend your current H-1B and then schedule a Visa Interview after the Executive Order on H-1B Visas expires in Jan 2021.

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              • #8
                Thank you so much. I am clear now with my next steps in Jan 2021.

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