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Visa going to expire...right time for stamping and documents needed

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  • Visa going to expire...right time for stamping and documents needed

    Hi Firends,
    I have a H1 visa which is going to expire in Sep 2012.
    Now, I haven't travelled to US since I had it due to family issues.

    I don't want it to expire while I am sitting here. So, I have decided to go US (even if I don't have a job in hand) and get it re-stamped.
    I want to know:
    1. How much time before should I travel to US and what's the stamping process there?
    2. And will salary-slips be needed for that. If yes, then for how many months?
    3. Will I have to get back to India or go to Canada when I would still have a valid I-94 for re-stamping?
    4. How will I still have 6 years on my H1?
    5. It might sound dumb, but is there a possibility of getting it re-stamped while being here in India?

    Any links regarding re-stamping would be greatly helpful.

    Thanks a lot, Guys!
    Bye for now...

  • #2
    Petition and visa are two different thinhgs. Visa is the one that you get stamped in your passport by showing the valid approval notice (I-797) and other supporting documents. Do you already have a valid visa. Yo cannot get a U.S visa stamped in U.S. It has to be done in a U.S consulate taht will be outside U.S. You cannot travel to U.S without a valid job in hand. If you do that, you will be deported back. Once you are in U.S in H1B visa, you need to start working from day one and have payslips to maintain the H1B status. Or you will go out of status in H1B. When you are in U.S, your I-94 (that you will get at the POE) will determine until when you can legally stay and work in U.S. The H1B extensions can eb filed before the I-94 expires. If the petition gets extended, then you can legally stay and work in U.S based on the extended petition (that will come with a new I-94). A valid visa is only required to enter U.S and not to stay and work, Only the time spend in U.S in H1B + L1 status counts towrads your 6 year CAP limit.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for your reply.

      Yes, I do have a valid visa.

      Allright, here's what I understand. Please correct me if I am wrong.
      1a. How much time before should I travel to US
      - Even a day before visa expiration should be fine provided I have a job in hand.

      1b. And what's the stamping process there?
      - As you have explained, I can file for petition extention before I-94 expiration. Once approved. I need to go out of US to get visa stamped with extended date, (and that is before expiration of new I-94).

      2. And will salary-slips be needed for that. If yes, then for how many months?
      - Yes. For all the months, since my landing in US.

      3. Will I have to get back to India or go to Canada when I would still have a valid I-94 for re-stamping?
      - Yes

      4. How will I still have 6 years on my H1?
      - This is I am not clear. You said H1+L1? Is L1 earlier time also counted here? Won't 6 years be counted starting from the 1st day I land in US on this valid visa?


      5. It might sound dumb, but is there a possibility of getting it re-stamped while being here in India?
      - Very dumb indeed The answer is No.


      Thanks Again!

      Comment


      • #4
        Allright, here's what I understand. Please correct me if I am wrong.
        1a. How much time before should I travel to US
        - Even a day before visa expiration should be fine provided I have a job in hand.
        >>> Provided you have a valid extended petition and a valid job with the same employer whose petition you will use at the POE. The I-94 will be issued only till the petition expiry date. You have to plan your travel such that you have enough time to file the extension when you are inside U.S. USCIS recommends that you file the extension at least 45 days prior to the I-94 expiry date. Plus, give enough time for the employer to prepare the documents for extension.

        1b. And what's the stamping process there?
        - As you have explained, I can file for petition extention before I-94 expiration. Once approved. I need to go out of US to get visa stamped with extended date, (and that is before expiration of new I-94).
        >>> Like I have mentioned in my previous reply, visa is only an entry document to U.S. If the extension comes with a new extended I-94, you can use that to stay and work in U.S irrespective of whether the visa in the passport is valid or not. You need to get the visa stamped again only when you leave the country and want to re-enter back.

        2. And will salary-slips be needed for that. If yes, then for how many months?
        - Yes. For all the months, since my landing in US.
        >>> Correct.

        3. Will I have to get back to India or go to Canada when I would still have a valid I-94 for re-stamping?
        - Yes
        >>> Not required. You can stay and work in U.S as long as the I-94 is valid. If an extension of status is not filed or if it gets declined, then you need to leave the country before the I-94 expiry date to avoid illegal stay.

        4. How will I still have 6 years on my H1?
        - This is I am not clear. You said H1+L1? Is L1 earlier time also counted here? Won't 6 years be counted starting from the 1st day I land in US on this valid visa?
        >>> If you have previously traveled to U.S in L1 status and if you have not completed a full 1 year outside U.S, then the time spend in L1 status counts towards your 6 year period. If you have never traveled in L1 visa or if you have stayed out of U.S for 1 whole year from the date of your previous exit from to U.S in L1 or H1B status, then filing a new petition under a new CAP will get you a fresh 6 year period.

        5. It might sound dumb, but is there a possibility of getting it re-stamped while being here in India?
        - Of course, stamping need to be done outside U.S. If your current H1B visa has expired or about to expire, then the employer will need to file another petition (assuming the previous petition is about to expire). When that petition gets approved, you can go for stamping again.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks a lot for explaining in detail.

          Comment

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