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  • H1B renewal (earliest visa appointment)

    I am currently working in the USA on an H1B Visa. My current I-797A expires on 25 July 2012. However, I already have an extension approved from 26 July 2012 through July 2015. The current Visa stamp on my passport is expired.

    If I were to make a Visa appointment prior to 25 Apr 2012 (>90 days prior to the extension start date), would I get the Visa stamp valid through 25 July 2012?

    Or

    If I were to make a Visa appointment after 26 Apr 2012 (<90 days prior to the extension start date), would I get the Visa stamp valid from 26 July 2012 or from the date of appointment?

    Thank you in advance!

    Regards,
    Nilesh

  • #2
    There is no such 90 day rule. You can apply now.
    This is my opinion and not legal advice.

    Comment


    • #3
      This is what I found on the VFS website

      Q.8 My H1B Employment Petition (USCIS Form I-797) shows an employment start date. How early can I apply for an H1B visa at the Consulate?
      Ans You can apply for an H1B visa up to 90 days in advance beginning of employment status as noted on the form I-797, Notice of Action, however your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797 unless you are already working on an H1B visa and have applied for a revalidation.

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      • #4
        That is applicable to first time Visa application based on first petition. Since your current petition is already active, it will not matter.
        This is my opinion and not legal advice.

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