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  • DATV Exemptions

    What are all the circumstances in which an Indian Citizen flying from US to India (through London) is exempt from DATV?

    In my case:
    1. I have F1 visa on my passport (expired in July 22nd 2013)
    2. I have I-20 (issued due to cap-gap extension - it will expire on September 30th 2013)
    3. I have been approved for an H1-B and have a I-797 Notice of Approval (effective Oct 1st 2013)

    I plan to fly to India (through London, British airways, 3.5 hours layover) on November 27th 2013. Can I fly through without a DATV (based on holding what will then be a valid I-797 Notice of Approval)?

    PS: I plan to get the H1-B stamped in Mumbai while I'm in India - so I know that I will have no problems coming back (through London) on December 10th 2013.

    Thanks in advance.

    Shashank

  • #2
    Originally posted by shashank.sheth View Post
    What are all the circumstances in which an Indian Citizen flying from US to India (through London) is exempt from DATV?

    In my case:
    1. I have F1 visa on my passport (expired in July 22nd 2013)
    2. I have I-20 (issued due to cap-gap extension - it will expire on September 30th 2013)
    3. I have been approved for an H1-B and have a I-797 Notice of Approval (effective Oct 1st 2013)

    I plan to fly to India (through London, British airways, 3.5 hours layover) on November 27th 2013. Can I fly through without a DATV (based on holding what will then be a valid I-797 Notice of Approval)?

    PS: I plan to get the H1-B stamped in Mumbai while I'm in India - so I know that I will have no problems coming back (through London) on December 10th 2013.

    Thanks in advance.

    Shashank
    I have a similar situation except my F-1 is still not expired (although it's not valid now since the I-20 is expired and I am on H1b).
    According to one of my friends who has recently been to India and had called the UK immigration office regarding the same issue before going, we do not
    need the DATV. I am going to call the UK Immigration office myself. I will update the thread once I have done that. (You can update it if you call them first :-) )

    Comment


    • #3
      Originally posted by shashank.sheth View Post
      What are all the circumstances in which an Indian Citizen flying from US to India (through London) is exempt from DATV?

      In my case:
      1. I have F1 visa on my passport (expired in July 22nd 2013)
      2. I have I-20 (issued due to cap-gap extension - it will expire on September 30th 2013)
      3. I have been approved for an H1-B and have a I-797 Notice of Approval (effective Oct 1st 2013)

      I plan to fly to India (through London, British airways, 3.5 hours layover) on November 27th 2013. Can I fly through without a DATV (based on holding what will then be a valid I-797 Notice of Approval)?

      PS: I plan to get the H1-B stamped in Mumbai while I'm in India - so I know that I will have no problems coming back (through London) on December 10th 2013.

      Thanks in advance.

      Shashank

      Yes, you need DATV since your US Visa will be expired at that time.

      - - - Updated - - -

      Originally posted by rock.k View Post
      I have a similar situation except my F-1 is still not expired (although it's not valid now since the I-20 is expired and I am on H1b).
      According to one of my friends who has recently been to India and had called the UK immigration office regarding the same issue before going, we do not
      need the DATV. I am going to call the UK Immigration office myself. I will update the thread once I have done that. (You can update it if you call them first :-) )
      If your US Visa is valid, you don't need DATV.
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by kabkaba View Post
        Yes, you need DATV since your US Visa will be expired at that time.

        - - - Updated - - -



        If your US Visa is valid, you don't need DATV.
        Thanks for the reply kabkaba. Though just to be clear, an non-expired F-1 visa
        does not mean it's still valid. For an F-1 visa to be valid, my I-20 has to be valid
        AND my status should still be F1. Right now I am on H1b, with expired I-20 but
        a non-expired F-1 visa. Will that be enough. Note that, I do have Form I-797A
        which is the approval notice for my H1B application (but no H1b stamp on my passport).

        Comment


        • #5
          Originally posted by rock.k View Post
          Thanks for the reply kabkaba. Though just to be clear, an non-expired F-1 visa
          does not mean it's still valid. For an F-1 visa to be valid, my I-20 has to be valid
          AND my status should still be F1. Right now I am on H1b, with expired I-20 but
          a non-expired F-1 visa. Will that be enough. Note that, I do have Form I-797A
          which is the approval notice for my H1B application (but no H1b stamp on my passport).
          For F1 Visa to be valid it needs to be not expired and not canceled in your passport. What you mention is only required for maintaining F1 status.

          For UK, all they want to see is a valid US Visa. They don't care what your status was when you were in the US.
          This is my opinion and not legal advice.

          Comment


          • #6
            Originally posted by kabkaba View Post
            For F1 Visa to be valid it needs to be not expired and not canceled in your passport. What you mention is only required for maintaining F1 status.

            For UK, all they want to see is a valid US Visa. They don't care what your status was when you were in the US.
            Awesome!
            Thanks.

            Comment


            • #7
              Regarding DATV

              Originally posted by rock.k View Post
              Awesome!
              Thanks.
              Hi I am in the same situation, I need to stamp my work visa but have a valid B1/B2. Did you call the UK embassy that time, what did they say? I will appreciate your help.

              Thanks

              Comment

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