7th year H1-B Stamping in INDIA

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vijay117

Registered Users (C)
7th year H1-B Visa Stamping in INDIA

Urgent help required.
Recently any one got visa in india on 7th year H1-B extension.Is there any
particular problems?Is it better go to canada or india for stamping?
 
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I am also on the same boat. What are the issues ???. How can I justify to the officer that I would return back to India...
 
Its just my point that it should be treated the same way as any other H1B extentions. The reason they want one to go outside the country and come back is because of security concern which includes Finger Printing. So, I don't think there will be any problems for extention. I even doubt they would ask you for assurence of coming back to INDIA.

If any of you guys have done 7th year Stamping. please post. Also Since, these extn' are of just 1 year, what happens if the H1B candidate choose not to leave the country for next 1 year? can he still apply for 8th year ext'n?

I strong request to the Modorator of this Forum: can we have a new category called "7 Plus Year" or something Please?
 
Extend to 8th- nth year

sunnysak said:
Its just my point that it should be treated the same way as any other H1B extentions. The reason they want one to go outside the country and come back is because of security concern which includes Finger Printing. So, I don't think there will be any problems for extention. I even doubt they would ask you for assurence of coming back to INDIA.

If any of you guys have done 7th year Stamping. please post. Also Since, these extn' are of just 1 year, what happens if the H1B candidate choose not to leave the country for next 1 year? can he still apply for 8th year ext'n?

You can apply any number of extn with increment of one year until you get your GC without going back to India. (Make resolution until you get GC no India)
I strong request to the Modorator of this Forum: can we have a new category called "7 Plus Year" or something Please?
Click to expand...
 
Thanks Guru,

My only concern was about the stamping. so is it ok not to get 7th year stamping and maybe even 8th and lets say you had to go out of country on 8th year, would the counsulate ask why there is no 7th year extn' in the passport? Or is it a MUST one should go out of country and get the Stamping every year for every extention?
 
Thanks for ur info.If any one of you got the visa either in India or Canada on
7 th year(7+ years) H1B extension,please post ur experience.
 
sunnysak said:
I strong request to the Modorator of this Forum: can we have a new category called "7 Plus Year" or something Please?
Click to expand...
Why? How would be different then this forum?
 
sunnysak said:
Thanks Guru,

My only concern was about the stamping. so is it ok not to get 7th year stamping and maybe even 8th and lets say you had to go out of country on 8th year, would the counsulate ask why there is no 7th year extn' in the passport? Or is it a MUST one should go out of country and get the Stamping every year for every extention?
Click to expand...
You do not need to get a stamp for any extensions.
 
Not a must

sunnysak said:
Thanks Guru,

My only concern was about the stamping. so is it ok not to get 7th year stamping and maybe even 8th and lets say you had to go out of country on 8th year, would the counsulate ask why there is no 7th year extn' in the passport? Or is it a MUST one should go out of country and get the Stamping every year for every extention?
Click to expand...
You need not stamp it. As you are not travelling out of US and your in status.need not worry about consulate.
 
Hi Guys,
Thanks for info!I think all we know that there is need of visa in USA on 7th(7+ years) extension.If we want to travel out side of the USA,we need a visa.
Is it easy to get visa stamping in either India or Canada?Please post ur valualble information.
 
vijay117 said:
Hi Guys,
Thanks for info!I think all we know that there is need of visa in USA on 7th(7+ years) extension.If we want to travel out side of the USA,we need a visa.
Is it easy to get visa stamping in either India or Canada?Please post ur valualble information.
Click to expand...
Assume, U mean "... there is no need of visa in USA ..."
 
Murthy.com cautionary regarding 7th year h1 stamping from 2001...is it still valid?

I found this bulletin from 2001. Can anyone confirm if this is still valid? Planning to go to Chennai in Dec for 7th year revalidation.

Beware Travel Abroad in 7th Year of H1B – June 2001
Posted Jun 22, 2001

On June 11, 2001 Secretary of State Colin Powell issued a cable message to consulates interpreting section 106 of the October 2000 law known as the American Competitiveness in the Twenty-First Century Act (AC21). In this article in the MurthyBulletin, we highlight the portion of the cable that discusses the effect of a "7th year" H1B extension on the ability to obtain an H1B visa. As background, subsections 106(a) and (b) of AC21 provide for the ability to obtain an H1 extension beyond six years in some circumstances when the Green Card process was started over a year before.

H1B Extensions Beyond Six Years

The cable explains that subsection 106(a) of AC21 exempts an H1B holder from the six-year limit on stay, under certain circumstances, when the Green Card process is taking a long time. The cable also explains that subsection 106(b) provides for extensions in one-year increments until a final decision is made on the person's permanent resident status. The message then goes on to give a very narrow interpretation of the nature of the extension: only the person's stay in the U.S. is extended, but the H1B petition is not extended. In order to have a visa issued, a person must have a valid petition. Therefore, this interpretation means that a person who has been granted the 7th year extension is not able to travel, because an H1B visa will not be issued.

The distinction between the duration of a person's stay and the validity of a petition is a real one under immigration law. The INS makes two separate determinations on each H1B petition, and the approval notice mentions both. For example an H1B approval notice may state that the petition and extension of status have been approved, or that the H1B petition has been approved but the extension of status has been denied. However, it is unlikely that the Senators and Members of Congress who drafted and approved AC21 would have had this somewhat technical distinction in mind. Most people are completely unaware of the difference between an extension of the petition and an extension of the beneficiary's stay.

Perhaps when INS issues its guidance on 106(a) and (b) the Department of State (DOS) may reconsider its position. And in fact, we at The Law Office of Sheela Murthy can confirm that when these 7th year extensions are approved, the approval notice language is exactly the same as in other H1B cases. So there is no logical or legal reason to assume that only the person's stay, and not the petition, has been extended.

To summarize, the DOS has issued its interpretation of the AC21 law for those whose H1B extensions have been approved, and has determined that it will not issue a new visa stamp in this situation. So beware of travel abroad after having completed 6 years of your H1B!

© The Law Office of Sheela Murthy, P.C.
 
I am also in the same situation. I have to go to India next year and I have to get visa stamp on my 7th year extension. If someone has got visa stamp for 7th year extension please post your experiences here.

Thanks,
Poornima
 
I got my 7th ext. stamped in India back in 04/2003.

Nowadays, even fresh H1s getting denied on insane 221(g) reasons. Take a look on attached RFE for posted in this forum last week....

Be prepared for all of the Action times in the 221(g)...

Key things...
Tax returns
pay stubs
 
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