H1B visa expired 1.5 years back but have valid I-797

[fewdays]

My H1B visa expired around May 2008. But I always maintained valid status and never travelled out of country Post May 2008. In July 2009, I got my H1B visa extension approval.

In the next 3 mons I might have to travel to India. Planning to schedule an appointment soon.

But in the VFS website, it was given that,

The following applicants do NOT qualify for appointments in the visa renewal category:

2. Applicants who have a U.S. visa that expired more than 12 months ago.

Please let me know if I'm eligible to apply under Visa Renewal category

[shervin143]

http://www.immihelp.com/forum/showthread.php?t=70497

http://www.immihelp.com/forum/showthread.php?t=68535

http://www.immihelp.com/forum/showthread.php?t=69572

[fewdays]

H4 Visa Stamping

http://www.immihelp.com/forum/showthread.php?t=70497

http://www.immihelp.com/forum/showthread.php?t=68535

http://www.immihelp.com/forum/showthread.php?t=69572

Hi Shervin,

Thanks for this info. It solved my problem.

I have another question w.r.t H4 stamping.

My wife got her H4 extension in July 2009 (along with my H1B extension).Before that, she was in H4 too.

But in April 2009, her employer filed H1B for her and that was denied in June 2009.

So as H1B case was denied in June 2009 (and her original H4 also expired in June 2009) and got H4 extension in July 2009 (is it considered a transfer case - from H1B to H4 or is it considered like a H4 extension case)

If it is considered like a H4 extension case, then she should say "Yes" I guess to that question as she is applying for same class of visa that expired within 12 mons back.

If it is treated like a transfer case, then she should say "No" I guess to that questions as she is applying for different class of visa (but on the other hand she never had H1 visa stamping on passport and also she never got H1B visa approval). Please let me know your opinion(on Yes/No) in this case (transfer)

[sk4ih]

Of course, it is 'Yes'.
She never had H1.
(Also H1 to H4 is not called transfer. It's change-of-status.)

[shervin143]

What is the current visa stamped in her passport. This questions is completely based on the visa (not petition). If she has H4 visa stamped in her passport now and if she is applying for the same class of visa again (H4), then the answer is YES as mentioned by sk4ih.

[shervin143]

All that matters is a valid H1b visa. Whether it is issues for employer A or B or C doesn't matter. Read the FAQs in immihelp.