Are you applying for the same class of visa which is currently valid or has expired w

[reddym]

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

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 Work Visa (L1B) from 11 Jun 2008 and it said till 30 April 2011 (Expiration date) on the visa stamp on my passport.

Actually i transferred to H1B starting 1st October 2010 and have been working on H1B since than. I have never gone back to India after my H1 B started. So the only stamp i have on my passport is L1B stamp issued 11 Jun 2008.

As i have been working in H1B since Oct 1 2010 I am in H1B status since than.
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?*"


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

[kabkaba]

You don't have H1 Visa so answer no.

[reddym]

I also thought same thing but when i checked with my company attorney and he said answer YES.
This is confusing me

any answer from legal experts

[shervin143]

The question clearly mentions "VISA". There is a difference between a visa and a petition. You might probably want to check with a different immigration attorney who can guide you properly.

I also thought same thing but when i checked with my company attorney and he said answer YES.
This is confusing me

any answer from legal experts