h-1 expired

A

ankalin

Registered Users (C)
Hi,

My fee bill is receive by NVC on May 02 2003. I expect August interview. However, my h-1 is expired on Sep 2003. If my interview is beyond Sep, then I definitely need to extend my h-1. If my interview is before Sep, should I request company to extend my h-1? As I know, it takes couples of months to get h-1 appproval, when is the best timing to do h-1 extention? Is it the worse case to pay extra $1000.- to get case approval within 15 days?

mlin144
 
Hi Mlin,

Even if you get a September interview, you will know about it by August 15th. You can apply for a H1 b in the month it is expiring and not have any problems. Your H1b receipt will suffice to prove your legal status to consular officials. So, save your money and wait-if you get an august interview, you don't need to do anything!
 
h-1 expire

Kumar,

thanks! Here comes another question. My h-1 visa is also expire in Sep 2003. Say if I have interview in Sep and I did apply h-1 in Aug by regular process. Then I have h-1 application receipt on hand when I get to consular for interview. What if interview is not going smooth, then I don't have any status to come back to US. I only can get h-1 b approval from INS that I can get h-1 visa from consular to come back to US. I know interview will go pretty much smooth most of time. But should I take the risk to go back to interview only have h-1 extention receipt from INS? Or I should request company to file premium process to get approval within 15 days. I ever talked lawyer about this. He says that the worst case is to do premium h-1 process. Does anyone have same exprience?

mlin144
 
mlin,

If you are that much particular about having a valid visa, you may file for premium processing by July 15th when you will know for sure if you are getting an interview in August. even if you get into trouble in Sept, your visa won't expire until the end of the month-so you can always hop on the next plane to come back to US. Even with a valid visa, the consulate is most likely going to cancel your visa w/o prejudice when you submit it for the interview. Check with your attorney.
 
Last edited by a moderator:
Hello mlin144,

Just apply for H1 extension and the receipt should be fine. They occassionally ask for H1 extension (Application receipt is fine).

Well, if you think that if your interview does not goes smooth then you shall come back using your H1..... You are mistaken my friend.... If they reject you in the interview then why would they allow you to come back sing your H1.... They have the rights to cancel your H1 too.

And the whole point of going for CP is when you are confident that all the documents and the process is clean and perfect. And since you have opted for CP implies that you have already analyzed all the aspects.

So dont worry everything shall be smooth.

GoodLuck,
 
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