7th Yr Extension Visa Stamping Needed?

7

7thyrH1b

New Member
Hi,

I need advise on 7th Yr Extension Visa stamping. Here is my situation. My 6 Years H1B is

expiring in October 2004 (I also have stamping in my passport till that day) and I have my

Labor cleared, 140/485 filed and 7th Yr Extension filed. I am planning to make a trip this

September and come back one week before the 6th Year visa expiry date and get I-94 period

for the full of 7th year H1 extension date. My questions are

1. Do I need to get stamping for the new 7th Yr extension, as the rules are changed due to finger printing etc., even though i return one week before the (6th Yr) stamped visa expiry date?

2. If i come back without stamping will I get the full term in I-94 as per 7th year extension ?

3. If I need to get the stamping. Do the Consulate really question about the pay cuts/missing W2s. Because i came to US at the end of October 98 for a Desi Consulting firm and didn't get paid till early 99 (only bench pay). And I have W2/1040 only from 1999. Also I had to take paycut in 2001 when my salary went below the specified amount in LCA. But I don't have any break in employment (just pay cut). I switched to another company as full time employee 2 years back and from that time onwards i have no problem with the W2/pay and my current company's financials are really very good. Would there be any problem in getting the 7th yr extension stamping?

4. Can I just submit 2003 W2/1040?

Please advise whether to get stamping or not in this trip? Hopefully I should get my EAD/AP before my next trip.

Thanks
:confused:
 
7thyrH1b said:
Hi,

I need advise on 7th Yr Extension Visa stamping. Here is my situation. My 6 Years H1B is

expiring in October 2004 (I also have stamping in my passport till that day) and I have my

Labor cleared, 140/485 filed and 7th Yr Extension filed. I am planning to make a trip this

September and come back one week before the 6th Year visa expiry date and get I-94 period

for the full of 7th year H1 extension date.
------ you will get I-94 till your Visa stamp if you dont have 7th year H1 approval in hand
if you show at POE both H1 approval and valid Visa stamp then you will get I-94 till your H1 approval notice.
If you come back before your 7th year H1 is not approved then you will be fine as your H1 extension will have new I-94 attached and it will be last action
My questions are

1. Do I need to get stamping for the new 7th Yr extension, as the rules are changed due to finger printing etc., even though i return one week before the (6th Yr) stamped visa expiry date?
---- if you reach US with valid Visa then no need to get 7th year H1 VISA stamp, your approval notice is enough to stay and work if your 7th year H1 approval has I-94 attached with it
2. If i come back without stamping will I get the full term in I-94 as per 7th year extension ?
---- if you show 7th year H1 approval notice and valid Visa stamp at POE you will get I-94 till your 7th year H1 approval notice

3. If I need to get the stamping. Do the Consulate really question about the pay cuts/missing W2s.
----YES YES
Because i came to US at the end of October 98 for a Desi Consulting firm and didn't get paid till early 99 (only bench pay).
--- Bench or Table is NOT allowed
And I have W2/1040 only from 1999. Also I had to take paycut in 2001 when my salary went below the specified amount in LCA.
----- that was also wrong, employer is supposed to pay the wages as on LCA
But I don't have any break in employment (just pay cut). I switched to another company as full time employee 2 years back and from that time onwards i have no problem with the W2/pay and my current company's financials are really very good. Would there be any problem in getting the 7th yr extension stamping?
------ depends on consulate and visa officer
4. Can I just submit 2003 W2/1040?

Please advise whether to get stamping or not in this trip? Hopefully I should get my EAD/AP before my next trip.

**** best option I will go out and will try to be back with valid H1 Visa stamp to US ASAP BEFORE 7th year H1 gets approved that way no need to get stamp . you may face problem getting H1 Visa stamp becase thease days they can dig anything and can ask anything from past employer or all the paystubs till date. if possible try to avoide stampning and be back to US with valid H1 Visa stamp BEFORE your 7th year H1 gets approved. if you get your AP approved in hand before departure from US then no problem you can go any time and can use AP to enter US
Thanks
:confused:
Click to expand...
 
Need one Clarification

Ginnu,

Thanks for the detailed reply. You were very helpful in the past and also now.
In your reply at the end you have suggested the best option.


====================================================
**** best option I will go out and will try to be back with valid H1 Visa stamp to US ASAP BEFORE 7th year H1 gets approved that way no need to get stamp . you may face problem getting H1 Visa stamp becase thease days they can dig anything and can ask anything from past employer or all the paystubs till date. if possible try to avoide stampning and be back to US with valid H1 Visa stamp BEFORE your 7th year H1 gets approved. if you get your AP approved in hand before departure from US then no problem you can go any time and can use AP to enter US
Thanks
======================================================

What I am asking is ambiguos but i would like to get clarified rather than being double minded. My attorney filed my 7thYr extension through Premium processing and i should get the H1/H4 extensions well before my travel (probably in a week). Just to clarify, from your responses there shouldn't be any problem in entering US with 6th Yr Stamping and 7th Yr approval notice (without stamping) before the 6th Yr visa expiry? The reason I am asking this is the 6th Yr stamping I got it done from St.Louis it is not through the consulate (finger printed).

Please let me know.

Thanks
 
7thyrH1b said:
Ginnu,

Thanks for the detailed reply. You were very helpful in the past and also now.
In your reply at the end you have suggested the best option.


====================================================
**** best option I will go out and will try to be back with valid H1 Visa stamp to US ASAP BEFORE 7th year H1 gets approved that way no need to get stamp . you may face problem getting H1 Visa stamp becase thease days they can dig anything and can ask anything from past employer or all the paystubs till date. if possible try to avoide stampning and be back to US with valid H1 Visa stamp BEFORE your 7th year H1 gets approved. if you get your AP approved in hand before departure from US then no problem you can go any time and can use AP to enter US
Thanks
======================================================

What I am asking is ambiguos but i would like to get clarified rather than being double minded. My attorney filed my 7thYr extension through Premium processing and i should get the H1/H4 extensions well before my travel (probably in a week).
---- if that happens and you get H1 extension approval before you go out you are file
Just to clarify, from your responses there shouldn't be any problem in entering US with 6th Yr Stamping and 7th Yr approval notice (without stamping) before the 6th Yr visa expiry? The reason I am asking this is the 6th Yr stamping I got it done from St.Louis it is not through the consulate (finger printed).
---- does not matter it is OK if the visa stamp is from consulate or DOS in US

** if you get H1 extension approval you dont need to get new visa stamp if you enter US before the validity of your visa stamp and at POE show your passport visa stamp AND H1 approval notice you will getI-94 till the date on H1 extension, check your I-94 at POE if any mistake in dates on I-94 point out to officer or superviser and get it till your H1 extension approval .
Please let me know.

Thanks
Click to expand...
 
Please reply us asap, urgent help needed.

Hi Ginn, looks like you have lot of knowledge abot all of these. Please someone can help us,
Our H1 6yrs visa is expiring Dec 2004. I am planning to travel this November 2004. Will there be any problem??? My company applied for 7th year and i have the reciept for that. I also have my labor cleared thorgh another company throgh future employment category just recently but this is not related. I am still on H1 with my exisiting employer and my records are clean.

Please anyone tell, will there be any problem travelling so late at the end of 6th Year term.Will they question my visa valid only for a month when i am returning to USA since i wont be having my h1 7th year approval nor the visa beyond december 2004.

PLS SOMEONE REPLY ASAP, as i am planning to send my wife to india now and travel myself in November 2004 and return back in November 2004.

THANK YOU VERY MUCH IN ADVANCE,

i will wait to hear back from some of you,

Sri.
 
More clarificartion(Dated:11th Septembere 2004-Saturday)

Basically my point is, since the US consulate doesnt give visas if you say that we are thinking of becoming immigrants (7th year h1 extension is because of Green Card intention). Will they ask at the port of entry and create any problems as i travle at the very end of my 6th year period. Ginnu and others, pls if possible reply me ASAP.

Thanks
 
7thyrH1b Pls can you reply

Hi 7thyrH1b,

I am travelling next week. I am in a similar situation like you. Can you please let me know what happened to you. This is please urgent, can you or anyone else let me know. I will be having 20 days remaining while returning from India for my 6 yrs expiry. I also have 7th yr approval, but when i travelled to canada, they stapled my 7th yr I-94 on my passport. So while going to india now, i have to give that I-94 back. So if i come back before 6th yr end, i am not sure if i will have new I-94 of 20 days more or of 7th yr period.

PLEASE PLEASE REPLY ME..ANYONE..

Thanks
 
Even if you have 1 day left on your H1-B they will let you in. Its better to be back say 15 days left on your H1-B stamp.
 
Thanks hathwar..Anyone you know had this experience??

Hi hathwar,

That brought some relief to me. Do you know anyone who had this experience? When i went to Canada a month back, i observed that the immigration officer would care only about my I-94. When i showed them that my I-94 was valid until Dec-2005 they let me in. So i am thinking the same way, that since i will have my 7th yr approval with me, that should be good.

But if you know anyone had this experience, please let me know.

Thanks alot,
Sri
 
Me

Last time when I visited india and returned I had exactly 15 days left on my 6th year H1-B. They let me in. I had applied for labour already and had the copy of the receipt which the local sesa issued to my employer just in case.
Also My wife returned after me on H4 with only 3 days left on it. but by that time I had me 7th year approval notice which I sent her earlier.

HTH
 
Hey Thanks hathwar ..

Thanks hathwar,

That brings a lot of courage in me. I am believing that it will be the same to me also..


Thanks
Sri.
 
Sorry to tell you

I came back to US once with 3 days left on my visa and they created a big fuss. I already have a receipt from INS for H1b extension. They finally gave me 3 days + 10 days of grace period to leave the country.
Bottom line:
If you have too few days on ur current H1 and H1B renewal is in progress, DO NOT TRAVEL. that might be very risky.
Also just FYI this happened to me on Jan13 th 2001. My H expires on Jan 15th.
Good luck. Better talk to an attorney.
 
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