h1b stamping question

[billu]

My h1b started from april 2005 to april 2008 (initial). The visa stamp in my passport was valid till april 2008. I obtained 3 year extension and got I-797 valid till april 2011. I am going to India in january 2010 for h1b stamping.My employer,position etc is the same.On the vfs website,where it says "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?"-should my answer be Yes or No. I believe it should be yes and under the visa renewal criteria,the second point says "had a H1 visa,now applying again for H1 visa"-please clarify if i am right....thanks

[shervin143]

This is simple math. Your visa expired in April 2008 (which is almost 1.5 years before). How can you answer Yes?

(Are you applying for the same class of visa which is currently valid or has expired within the past 12 months) - Your visa expired more than 12 months ago. So the answer should be NO.

[vis]

i think he is correct shervin143, answering Yes is correct, because the question says whether it;s a same visa class that is still valid or expired.. if he is applying the same visa class then i think answering Yes is correct.

[shervin143]

His same visa class (H1B) is no longer valid (It expired in April 2008). And the question clearly asks if it got expired within the last 12 months. In his case, it expired 18 months ago. So how can he answer Yes?

If you still have questions, do call the VFS helpline.

i think he is correct shervin143, answering Yes is correct, because the question says whether it;s a same visa class that is still valid or expired.. if he is applying the same visa class then i think answering Yes is correct.