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h1B renewal in india - plz help

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  • h1B renewal in india - plz help

    I am planning to apply for H1B renewal at Mumbai consulate in Dec 2011. I have been on H1B visa since October, 2007. For 1st time stamping I went to mexico for stamping and my visa was still valid until September 2010. I have maintained the status through valid I-797 and I-94 is valid on H1B class till November 2012. Now I am planning to apply for H1B renewal in India and I was looking for the dates. I got confused in one question that I mentioned below. Can somebody help me on that?

    "Are you applying for same visa class that expired in the last 12 months?"

    I am still applying for same visa class but my visa is expired from more than 12 months but My in-94 validity is till Nov 2012.. So the question is should I say YES or NO?

    Any help will be really appreciated.

  • #2
    I-94 and Visa are different things. You will have to answer 'NO'.
    This is my opinion and not legal advice.

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    • #3
      I had similar situation last year when I visited India. I had answered 'No' to the question.

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      • #4
        Question

        So if my visa is expired on lets say July 31st 2011 and I have I-797 approval till May 2014 then I should select "YES" because its not 12 months yet?

        Please confirm.

        Some of these questions are really very confusing and tricky.

        @couponsforpatel: I am also planning for H1 B renewal in Mumbai in December 2011 (If possible on 12/12/2011). Good Luck for your stamping.

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        • #5
          There is nothing tricky about it. The question clearly states VISA. Visa and petition are two different things. Check your previously stamped visa in your passport and answer accordingly.

          Originally posted by ThePoster View Post
          So if my visa is expired on lets say July 31st 2011 and I have I-797 approval till May 2014 then I should select "YES" because its not 12 months yet?

          Please confirm.

          Some of these questions are really very confusing and tricky.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            @ThePoster : i m planning for end of dec.. good luck to you too..

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