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H1 B stamp - Class of Visa 'question' (from F1B to H1B)

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  • H1 B stamp - Class of Visa 'question' (from F1B to H1B)

    Hi friends - I have to take an appointment of Visa stamping (Us Visa H1B) in delhi consulate in May.

    When going to vfs website before taking date it asked me following question ->

    "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*"

    I was in student Visa (F1) from 29 Jun 2004 and it said till 27 Jun 2009 (Expiration date) on the visa stamp on my passport.

    Actually i transferred to H1B starting 1st October 2006 and have been working on H1B since than. I have never went back to India after my H1 B started. So the only stamp i have on my passport is F1 stamp issued 29 Jun 2004.

    As i have been working in H1B since Oct 1 2006 i am in H1B status since than. My latest H1B is my 3rd H1B actually (but like i said i have never got H1B stamped on my visa before as i never went back to India after i got my first H1B.)

    Now referring back to question above
    "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*"

    1) If i consider the Visa (not I-797 A notices of H1B) as only something which is stamped on my Passport by US embassy i only have F1 visa (which i am not applying for now as i am applying for H1B). Also F1 B visa stamp on my passport has expired more than 12 months before so answer can be 'No'

    2) But on other hand if i assume that currently i am on H1B visa (as i have I 797 A notices valid till Oct 1 2012) than answer for this can also be taken as 'Yes'

    Can please help what should i choose to question above
    Yes or No?

    Thanks so much!
    Fast help would be much appreciated as i need to take the dates very soon before they pass.

  • #2
    Answer "No". The question is clearly about the visa in your passport and not about your latest petition or status.
    Not a legal advice. Use of this information is strictly at your own risk.

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