Interview Waiver Program with same employer

[aloks]

Hi All,

I know this question is probably asked a few times but since there was no clear answer I am posting it once more.

I have been with the same employer from 2011. My old petition got expired in Nov 2014 and I got a renewal from employer which is valid till Nov 2017.

Now when I am applying for an appointment at the consulate while I visit India I am confused with one question: -
Do you have previous h1 petition - YES
Is it still valid? - What should I put here? No? Cause even though I have a renewal notice valid till 2017 my passport stamp has already expired this Nov?
Or should it be yes?

Any insights will be helpful.

[shervin143]

Is the DS160 question about the H1B petition or the visa that is in your passport? They are two different things.

[aloks]

Is the DS160 question about the H1B petition or the visa that is in your passport? They are two different things.

First question is "Is your previous H-1B visa (temporary occupation, temporary worker or trainee) still valid?"
Second question is "Did your previous H-1B visa (temporary occupation, temporary worker or trainee) expire within the last 12 months?"

So since my previous visa stamped on passport expired in 2014 and I have an extension since then (approved I797) should both the answers be NO?

[shervin143]

Again, the questions clearly asks about the H1B "VISA" (in your passport) and not your petition approval. Look at your passport (NOT the H1B approval notice) to answer these questions.
What you got extended is your petition and not the visa.

First question is "Is your previous H-1B visa (temporary occupation, temporary worker or trainee) still valid?"
Second question is "Did your previous H-1B visa (temporary occupation, temporary worker or trainee) expire within the last 12 months?"

So since my previous visa stamped on passport expired in 2014 and I have an extension since then (approved I797) should both the answers be NO?