Expired H1 and sponsoring parents.

H

hypersphere

Registered Users (C)
Dear all,
My H1 has expired (first 3 year term) and my compny has filed for an extension. I have the recipt of the filing. I want to invite my parents over to the US. They will be applying at the mumbai counsulate. Will they need my valid I797? Or just the recipt of filing is sufficent? The website is clear about it :

" If Child is in US (Additional documents recommended):
Sponsorship Form (I-134)
Indian Citizen:
1. Child's Original Birth certificate.
2. Photocopy of all pages (including blank pages) of child's passport.If visa in old passport, then photocopy of all pages of old and new passport.
3. Also :
a.Where child's visa has expired but has a renewed petition, photocopy of the renewed petition.
b.Where child is a legal permanent resident in the USA, photocopy of the green card (front and back side).
"

I wanted to confirm that the "renewed petion is OK".

Also, my dad is over 60 but mom is not. Will she qualify for drop box or does she need to take the interview?

Thanks in advance.
 
I would say that depands on consuler officer. But better to have atleast approved I-797. my 2 cents.

Three years back I sponsered my parents with my already approved H1 ext. (I-797 valid for two more years) but the extended H1 visa was not revalidated in my passport. And though I did send copy of my latest I-797, CO refuced to give visitor's visa to my parent with no reason.

Later I revalidated my H1 through DOS and resent my parents with that and they granted the visa.
 
you dont need to have valid visa stamp in order to bring someone on visitor visa. you only need to proper authorization like h1 with valid i94 etc.

consular office should not reject if you have expired visa stamp. visa is only for entry purpose. it got nothing to do with your stay here. your stay is controlled by unexpired i94 or pending i485.

copy of h1 filing receipt is sufficient to prove that you are in valid status.
 
I do understand all this my friend, but consular officer are not obliged to give any explanation for rejecting any visitor visa application. So, It's up to us to be convincing (with all papers in order) to the officer.
 
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