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EAD and H1-B stamping

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  • EAD and H1-B stamping

    My H1-B expired in Jan 2007 and subsequently I got I-94 extension till Jan 2010. Now my H1-B petition is valid till Jan 2010. (My wife has H4 with same situation)

    Ques1 - I have travel plans to India in Nov and while reviewing the US Visa website, I found that if someone's visa has expired for more than 12 months, they are not considered visa renewal candidates.
    Does that mean if I schedule Visa interview, I will fall under available visa quota category and there can be chances that my Visa stamping get withheld?

    Ques2 - Also, me and my wife have EAD valid till July 2010. If there is any doubt on success of Visa stamping, I can as well move to EAD before leaving US. Can you please let me know if this is a nice idea and also the risks involved.

    I shall highly appreciate your kind reply.

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