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H1B Stamping - first time as traveled on L1/L2 earlier and working on H1BCOS approved

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  • H1B Stamping - first time as traveled on L1/L2 earlier and working on H1BCOS approved


    We as a family are planning to visit India for stamping appointment in

    I Came to US in 2004 Oct on L1B, and traveled to India for a month in 2008 for vacation. Came back to US on L1B visa stamping after the vacation. Then I got full time job on H1B in 2008 Oct and on 7th year in US now). I have not got H1B visa stamped but COS is approved. PERM labor has been filed by my employer but pending approval. Current H1B petition expires in Nov 2011. I am going to India with my family in July, and If I go for visa interview in August, I will be attending the H1B visa interview for first time and just 3 months left on my petition. I will carry the H1B extension receipt that has been applied for.

    My wife is also for H1B (5th year Extension). She came on L2 in 2005 and COS to H1B with a full time job since 2007. My son who is dependent (H4) renewal on my wife H1B. She will be also attending the H1B visa interview for first time with me and has just 6 months left on her petition.

    My questions, what are the questions/risks might be asked / involved. Is it something the visa could be given even if the petition expires in next 3 months/6 months? I see lesser risk as we both are on full time job. But we are attending the H1B visa interview for first time, so want to seek some advise/experience. Please share.


  • #2
    As long as the petition is valid, you can get the H1B/H4 visa stamped. It is never advisable to travel when your petition is pending with USCIS (Search and read the posts the has detail explanation why it is never advisable). You should file the extension now (extension can be file 6 month prior to the I-94 expiry date) and you travel after it gets approved or come back and file the extension. If you are working full time with an employer and if you have been maintaining your H1B status and if all documents are in order, then the chances of a successful stamping is good.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thanks a lot for your response Shervin143.

      txh1b: Could you please share your thoughts on my post?