Can I Revalidate my new H1B in US even if the old one is not expired

D

dckop

New Member
My old H1B expires in 03/2004 (on my passport) and I want to revalidate my new H1B as I am planning to TRAVEL to India.
   CAN I SEND MY DOCUMENTS TO "US DEPT OF STATE" for REVALIDATION although my current H1B stamped visa expires in 2004. I have this question because I read the clause :
"A visa may be revalidated if it has a remaining validity of not more than sixty (60) days, or has not been expired for more than one year."
   If not, I plan to revalidate in India. I think it would be convenient to revalidate here rather than doing it in India.....
Any feedback is highly appreciated.

Thanks,
Pal
 
No Title

If you are tryign to do the revalidation because you changed employers, then you can revalidate it from St. Louis. If it is a revalidation based on extension (?) you cannot do it 60 days before expiry both at St.Louis and at the US consulate abroad.
 
It depends

Call INS and check status of your visa in automatede system (you have your WAC-number at visa in passport). If answer would be - "Your petition was revoked..." - you can revalidate even not-expired visa because it was revoked. If it is not revoked - it is valid visa and you don\'t need to revalidate it.
 
Dc Kop You cannot revalidtae your VISA if your old has validity of mroe than 60 days

It doesn\'t matter whether you are same employer or different employer.

If you wish to have latest i.e current employer H1 stamp you have to go out of US. If you are going to India you can apply there for stamping. still it is not required the latest stamp, you can come with old VISA stamp and at the entry show your current H1 approval notice and get the I-94 based on that. some people to be on safer side they will have the stamp when they go out of USA.

Please confirm with you attorney
 
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