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H1 Visa Stamping : Visa Renewal Criteria

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  • H1 Visa Stamping : Visa Renewal Criteria

    Hi,

    I am currently in USA on H-1B visa. I am planning to visit India next month and planning to book visa stamping appointment for me and my wife for H-1B and H4 visa respectively.

    My H1 visa stamp is expired in April 2009 (more than 25 months) and I am currently living in USA on valid H1 status. In case of my wife, she visited India 1.5 years back and has her H4 stamping done through my old employer. I changed my job one year back but she still has H4 visa valid until Jan 2012 from old employer.

    Problem I am facing currently is,
    For my wife’s case, she is considered for visa renewal category whereas for me, since my visa is expired from more than 25 months, I am considered for new visa category. But due to this contradicting info that my wife is going for visa renewal and I am going for new visa, will both of us be able to get appointment as family? Per vfs customer support, with this "yes" and "no" answer, me and my wife will not be able to go for visa appointment together.

    I am not sure what should I put for “Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?” for me and my wife as we both are planning to take appointment together next month.

    Does anyone on same boat like me or has previous experience like this? Your answer would be much appriciated.

  • #2
    You can answer "NO" and take the appointment under the family option. Your wife don't even need a new H4 visa since she already has a H4 visa that will be valid until 2012. She can use that to travel.
    Not a legal advice. Use of this information is strictly at your own risk.

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