Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1b Extension and Stamping question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1b Extension and Stamping question

    I have searched for this, but haven't found anything on the lines of my case.
    Background :
    My ex-employer in India got an approved I797(petition) in the last week of November 2010. I appeared for the H1b Interview on 2nd week of Feb 2011 and got a visa stamped till last week of Nov 2013 (my passport expires in Dec 2013). After arriving here in May 2011, I switched employers in Oct 2011 and the new employer filed a new petition which is valid till Nov 2014. I visited India in Dec 2011 and my new I94 is valid till Nov 2014.
    My situation :
    I will be going to India again this November to get married. I do not think I will be continuing with this firm for a long time after coming back in December. This firm is a huge financial name and has some credible status in India and USA. I am a Full time employee working for them, on their products. No client etc business
    My questions :
    Assuming that clearing an H1 interview is getting so tough these days (I wonder why), since am with this big name :

    1) Can I go for a stamping when I go to India this year in November ? (So, since a big name is my sponsor, I may get some consideration before being rejected)
    2) If I get rejected in my interview, can I still travel back into US, since the original stamp was valid till Nov 2013 anyway ?
    3) Is it upto me if I want to go for a H1 stamping ?
    3.a) What would the seniors advice I do ?

    4) Can someone please tell me how H1 Extension is applicable in my case ? Since I have a new petition with a new expiry date, have I already applied for a H1 Extension ?
    5) What exactly is H1 extension and how does it work if a person is switching jobs before the expiry of the current petition ?

    Thank you for answering.

    Cheers,
    This is my opinion. Not a legal advice

  • #2
    1) Can I go for a stamping when I go to India this year in November ? (So, since a big name is my sponsor, I may get some consideration before being rejected)
    >>> Yes.

    2) If I get rejected in my interview, can I still travel back into US, since the original stamp was valid till Nov 2013 anyway ?
    >>> No. Before the decide whether to issue or reject the new visa, they will cancel the old one.

    3) Is it upto me if I want to go for a H1 stamping ?
    3.a) What would the seniors advice I do ?
    >>> Advice you to use your own judgement.

    4) Can someone please tell me how H1 Extension is applicable in my case ? Since I have a new petition with a new expiry date, have I already applied for a H1 Extension ?
    >>> Yes.

    5) What exactly is H1 extension and how does it work if a person is switching jobs before the expiry of the current petition ?
    >>> Transfer will come with an extension of status. Extension is a term used only when the same employer is filing you a petition to extend the status.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1) Can I go for a stamping when I go to India this year in November ? (So, since a big name is my sponsor, I may get some consideration before being rejected)
      >>> Yes.

      2) If I get rejected in my interview, can I still travel back into US, since the original stamp was valid till Nov 2013 anyway ?
      >>> No. Before the decide whether to issue or reject the new visa, they will cancel the old one.

      3) Is it upto me if I want to go for a H1 stamping ?
      3.a) What would the seniors advice I do ?
      >>> Advice you to use your own judgement.

      4) Can someone please tell me how H1 Extension is applicable in my case ? Since I have a new petition with a new expiry date, have I already applied for a H1 Extension ?
      >>> Yes.

      5) What exactly is H1 extension and how does it work if a person is switching jobs before the expiry of the current petition ?
      >>> Transfer will come with an extension of status. Extension is a term used only when the same employer is filing you a petition to extend the status.
      Thanks for replying, cheers.
      This is my opinion. Not a legal advice

      Comment


      • #4
        See below
        Originally posted by happybuddha View Post
        I have searched for this, but haven't found anything on the lines of my case.
        Background :
        My ex-employer in India got an approved I797(petition) in the last week of November 2010. I appeared for the H1b Interview on 2nd week of Feb 2011 and got a visa stamped till last week of Nov 2013 (my passport expires in Dec 2013). After arriving here in May 2011, I switched employers in Oct 2011 and the new employer filed a new petition which is valid till Nov 2014. I visited India in Dec 2011 and my new I94 is valid till Nov 2014.
        My situation :
        I will be going to India again this November to get married. I do not think I will be continuing with this firm for a long time after coming back in December. This firm is a huge financial name and has some credible status in India and USA. I am a Full time employee working for them, on their products. No client etc business
        My questions :
        Assuming that clearing an H1 interview is getting so tough these days (I wonder why), since am with this big name :

        1) Can I go for a stamping when I go to India this year in November ? (So, since a big name is my sponsor, I may get some consideration before being rejected)

        Yes

        2) If I get rejected in my interview, can I still travel back into US, since the original stamp was valid till Nov 2013 anyway ?

        No. It will be canceled.
        3) Is it upto me if I want to go for a H1 stamping ?
        Yes. If i were you i wont go to visa until it expires even if i travel to India any number of times. At the POE show them the new 797 and get the i-94 with new h1 expiry.
        The above thing will only work if your first employer didnt cancel ur h1.

        3.a) What would the seniors advice I do ?

        4) Can someone please tell me how H1 Extension is applicable in my case ? Since I have a new petition with a new expiry date, have I already applied for a H1 Extension ?
        Yes. Its a tranfer and extension.
        5) What exactly is H1 extension and how does it work if a person is switching jobs before the expiry of the current petition ?
        Use the I-94 that comes with approval of the company that u are currently working

        Thank you for answering.

        Cheers,

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X