H1 visa stamping before it expires on your passport.

[nandinir]

Hi All,
I'm travelling to India in Oct for 3 weeks and my H1 visa expires in Dec 2009. I got my H1 extension approved till Dec 2012. Now my question is - Will I be able to get my visa stamped in Oct despite having a valid visa till DEC 2009. If I dont go for stamping, will I be taking a risk if I get back to US with only 2 months of valid visa on my passport (although, I'll be carrying my new I1797 form with me) ?

What is a greater risk - having only 2 months validity at port of entry or getting into a query situation if I go for stamping in India now?

Any help is greatly appreciated!!

Thanks,
Nandini

[abhayg4]

Hi Nandini,

I am mentioning the PROS and CONS of both cases and then u can decide:

(1) GOING FOR STAMPING:
(a) Advantage : if you get the Visa Stamping without any issues then you will have the stamping till Dec 2012 and then you can travel to india and come back any time till 2012 without any problems.
(b) But if you don;t a visa stamping (for any query/issues) - then you will be stuck in India untill ur case/visa is approved which can take anytime from 2 weeks to 2 months!!!!!.

(2) NO STAMPING
(a) While coming back to US at POE -Officer gives you a new I-94 till Dec 2012 then u can stay in US till that time but u have to go for stamping for sure if u r going to india after Dec 2009.
(b) If the Officer gives you a I-94 till the expiry of the current visa i.e. Dec 2009- then you have to extend ur I-94 by filing the application and depending on the outcome of the application - u can continue to stay.

So as per my opinion - going and coming back without Stamping is the safer OPTION as compared to going for stamping in India.
Atleast you will be in US in ur JOB and can do all ur paperwork from here.

Thanks and regards,
Abhay

[nandinir]

Thanks Abhay for the reply! So I should be able to go for stamping in my situation (current visa stamp still valid). I'll look into the options and then decide on it.

Thanks again!
Nandini

[abhayg4]

Hi,

I am not sure that how long before u can go for stamping (before the current Visa expires) but
when you go to VFS site for taking the appointments (for Visa renewal) - it says that Visa Renewal means that ur same class of Visa expired within last 12 months or it is still VALID.

So , which means u can go for Visa stamping in India under Visa renewal category with the new approved I-797 petition.

Thanks and regards,
Abhay

[sudeer]

same Situation

Hi Nandhini,

I am currently in the same situation, I have the current I-94 till 1Oth of October, is it possible for me to go and come back safer with the current visa

I actually want to go next month - July.

Waiting to your reply.

Thanks,
Sudeer.