Visa renewal stamping before 1-94 expiration date

[ndbhatt]

Hello,

My family (without me) is planning on traveling to India in June 2nd week 2010 and return back by August 2nd week. I'm currently in H1B, my Visa has expired on 10/1/2007 but my I-94 is valid until 10/1/2010. I got confirmation from my company HR that they will file for my H1B extension 4-6 months before I-94 expiration date (10/1/2010).

Assuming that I will get H1B approval papers before my family returns in August 2010, I was wondering if my family can get their visa renewal done in Mumbai, based on the newly approved I-797 which will be valid until Oct 2013.
If not, then they will have visa stamped only until Oct 2010; which means one more trip for visa

Gurus please advise.

Thanks in advance

Bhattji

[milda]

You have already given both the answers based on the "if...else".
so, what advise you want from us? It is your call to decide wether your family should go for stamping before your extension or not.


[Note:- I am sharing my views, contact your attorney for the best advice.]

[ndbhatt]

You have already given both the answers based on the "if...else".
so, what advise you want from us? It is your call to decide wether your family should go for stamping before your extension or not.


[Note:- I am sharing my views, contact your attorney for the best advice.]

Direct question is - Is it possible to get visa renewal stamping before 1-94 expiration date?

[milda]

Yes. But if by the time they will go for stamping, if the approval not comes, then they will get extension only upto Oct 2010. But once they are back, you can get extended it also with help of your company or some outside attorney.

One alternate could be to get your extension using premium which will give your extension just within 15days.

[Note:- I am sharing my views, contact your attorney for the best advice.]

[ndbhatt]

Yes. But if by the time they will go for stamping, if the approval not comes, then they will get extension only upto Oct 2010. But once they are back, you can get extended it also with help of your company or some outside attorney.

One alternate could be to get your extension using premium which will give your extension just within 15days.

[Note:- I am sharing my views, contact your attorney for the best advice.]

Thanks a lot Milda for your response.