Ginnu and others please advise

Y

young16

Registered Users (C)
Ginnu and Others,

I have Visa stamping valid until May 2004. I plan to goto India in Feb '04 and return in March '04. My H1B extension has been applied through premium processing and I have just received the approval for the period May 2004 to May 2006.

1. Should I avoid getting the new stamping in India when I go there, as it might have all kinds of complications?

2. Can I get my new visa stamping St.Louis after coming back from India?

3. In case I don't do the stamping in India, do I have to show the
new H1B approval at the POE and get I-94 date extended upto May '06?

What is the best thing to do? Please advise.
 
I have Visa stamping valid until May 2004. I plan to goto India in Feb '04 and return in March '04. My H1B extension has been applied through premium processing and I have just received the approval for the period May 2004 to May 2006.

1. Should I avoid getting the new stamping in India when I go there, as it might have all kinds of complications?
-- Yes you can, when you enter US show your passport Visa stamp AND H1 approval notice you will get I-94 valid till May 2006 and once you reach US then you can revalidate visa stamp from Department of State in US
2. Can I get my new visa stamping St.Louis after coming back from India?
-----YES
3. In case I don't do the stamping in India, do I have to show the
new H1B approval at the POE and get I-94 date extended up to May '06?
--- YES, if you face any new officer and he does not give you I-94 till May, 2006 ask for the supervisor
 
Would you please explain how getting the I94 at POE with an extended date will be helpful?

As I already have the new I94 with extended date (that came with the new approval), how is the I94 at POE going to help?
 
Originally posted by young16
Would you please explain how getting the I94 at POE with an extended date will be helpful?

As I already have the new I94 with extended date (that came with the new approval), how is the I94 at POE going to help?
Click to expand...

The last issued I-94 prevails over all previously issued ones. Your authorized stay will be governed by the I-94 issued last, in your case issued at port of entry.
 
Please advise

Hi...I have ben reading about the issues of H4 stamping at Chennai consulate.My spouse has had 3 H4 stampings in the past without trouble and last year in Oct 02 we didn't submit any W2S etc but now this is the requirement.Any one please, who has had success with difference in W2 and I 129 salary please advise as i have the difference about {10,000 as i work at client site and am not paid for holidays and other time off.Mine and spouse's I485 are pending since last year.I Will i have trouble with this also? I have also seen many people submitting rental/lease agreements,electricity,phone bills etc... does the consulate really ask for that?it doesn't say anywhere on their site.How can i get the LCA and I 129 certified?It wasn't filed by the lawyer ,my company did it with some help.It is all so confusing ,Ginnu and others please advise.Thank you
 
young16:
Would you please explain how getting the I94 at POE with an extended date will be helpful?

As I already have the new I94 with extended date (that came with the new approval), how is the I94 at POE going to help?
---- When you depart US then you have to surrender the I-94 that is extended at airline counter you have to detach from H1 approval, you are supposed to surrender all I-94 at the time of departure from US and will get new white I-94 at POE when you come back. If you don’t have to depart US then your extended I-94 is valid




silver57:
Hi...I have been reading about the issues of H4 stamping at Chennai consulate.
------ Dear, let me clear I am not familiar with Chennai consulate, as you read the posts from Chennai we also get the updates from the posts. Don’t depend on my opinion regarding Chennai
My spouse has had 3 H4 stampings in the past without trouble and last year in Oct 02 we didn't submit any W2S etc but now this is the requirement. Any one please, who has had success with difference in W2 and I 129 salary please advise as i have the difference about {10,000 as i work at client site and am not paid for holidays and other time off. Mine and spouse's I485 are pending since last year.
---- if your spouse and your I-485 is pending better get AP and travel on AP no need of getting H1 or H4 visa stamp, Chennai is asking the truckload of documents. Difference of LCA salary and actual wages should not matter if it is difference of 10-15% but all depend on visa officer
I Will I have trouble with this also? I have also seen many people submitting rental/lease agreements,electricity,phone bills etc... Does the consulate really ask for that?it doesn't say anywhere on their site
----I have read that they can ask for any document
.How can i get the LCA and I 129 certified?
---- The lawyer who filed your LCA and I-129 he has the copy of LCA and I-129 he will certify
It wasn't filed by the lawyer, my company did it with some help. It is all so confusing
---- In this scenario I don’t know what to do if it was filed by HR person he/she can certify the copies or can certify before any notary that these papers was filed by him/her on behalf of company XYX and will sign before the notary..

*** I don’t know the reason why you want H1or H4 visa to be stamped by Consulate you have your I-485 filed and can travel with approved AP, if you have some other reason to get H1 /H4 visa stamped from Chennai I will keep valid AP as back up with me before going for Visa stamp
 
Re H4 Stamping

Ginnu
Thank you for your reply,well i should have mentioned that my spouse is in India and travelled on valid H4 while the A.P was taking so long to get approved and was still pending.The A.P. was received 3 months after his departure and is approved until July 2004.As per my reading in many other forums this A.P. may not be valid so can't take the chance with that.Somewhere in this forum i read about onother yahoo group where many people with difference in the W2S and I 129 are posting their experiences ,do you have the contact add for that group?Any input from you is very much appreciated .Thank you
 
Ginnu,

Please bear with me for my persistence.

To avoid confusion I didn't mention that I have currently sent my PP to St.Louis for revalidation using my previous H1B extn. approval. I 'll get the PP next month, with the stamping that's vaild up to May '04.

After I sent my PP to St.Louis, my H1B extn. for the period after May '04 was applied and now I got the approval. (for getting this extn. I didn't send my previous I-94 at all. Ofcourse I could have never sent it even if I wanted to, as it had been sent to St.Louis)

So why not I do the same thing that I would do in case I don't have the new approval? In other words, I will not give the new approval's I-94 at POE while leaving and give just the old I-94 (if it comes back from St.Louis).

Thanks Ginnu, for all your help.
 
*** Dear you’re posting is NOT clear, always start from what is your situation what you did, what answer you want or what are your concerns. Try to post each and every information to get correct answer and your post was not clear. Better write the sequence of events. Before posting read it and think if others can understand clearly what you wrote.


To avoid confusion I didn't mention that I have currently sent my PP to St.Louis for revalidation using my previous H1B extn. approval.
I 'll get the PP next month, with the stamping that's vaild up to May '04.
----- You will get your PP next month from where? I hope you are not clear with your questions but I guess from your English that you sent your passport for Visa revalidation and that passport has I-94 valid till May 2004 and you will get the passport next month. After you sent the passport for Visa revalidation you did not sent the H1 extension approval because you got it after you sent the PP for Visa stamp. If that is true you will get Visa stamp valid till May 2004. If you did not send your previous I-94 with passport that was valid till May 2004 then DOS may NOT stamp Visa in passport because they need the valid I-94 attached in passport.

After I sent my PP to St.Louis, my H1B extn. for the period after May '04 was applied and now I got the approval. (for getting this extn. I didn't send my previous I-94 at all. Ofcourse I could have never sent it even if I wanted to, as it had been sent to St.Louis)
---- I hope you sent the passport for Visa stamp then applied for H1 extension with BCIS. From your post it seems that you did not attach valid I-94 in passport, for H1 extension from BCIS one only need to send COPY of I-94 (front and back). If your I-94 was NOT attached in your passport when you sent it to DOS for Visa stamp then they may not stamp the Visa sticker
So why not I do the same thing that I would do in case I don't have the new approval?
---- Sorry, I did not understand what you are trying to say

In other words, I will not give the new approval's I-94 at POE while leaving and give just the old I-94 (if it comes back from St.Louis).
---- -------Here you are saying that you sent the I-94 with passport to St Louis, if that is true then you will get Visa stamped. YOU NEED TO SURRUNDER ALL I-94 AT THE TIME OF DEPARTURE FROM US. You can’t keep the I-94 that came with H1 extension with you when you depart US. You have to surrender all I-94.
If you have more concerns post your concerns fresh from beginning and create other new post write clearly, don’t mess up so that the reader has to guess your situation or go to your lawyer and give him 2 aspirin with fees before asking questions.
 
Ginnu,

Sorry for not being clear.

I meant that I did sent the I-94 to St.Louis.

As you suggested, I'll surrender all I-94s at the POE.

Thank you very much.
 
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