H1-B Extension : Current stamping Expired

P

Parthi0

New Member
Hi,

I got visa stamping on my passport when I was working with my previous employer. It was valid till Dec 2006.

I changed my employer during begining of 2006 itself. Though I got my new approval notice with I-94 [Valid till this sep 2007], I did not go for stamping.

Now, I want to make a trip to India during this March 2007.

My questions are :

1. Can I go for premium process to file my 3 yr extension by this month itself?

2. If yes, Hopefully I would have received my approved extension before I make India trip. Can I use this extension for Visa stamping or Do I need to use the current approval notice to get stamping? [Note: my visa stamping on my passport got expired by Dec 2006]

Many Thanks in Advance,
 
Is it even possible to apply for H1 extn right now if your current I-129 is valid upto Sep 2007? Is'nt there a rule that says you can apply for extension 180 days prior to the expiry of your current H1.

In any case, do not apply for H1 extension and then travel outside while your current petition is pending...If you must, then consult a immigration attorney and they will walk you thru the various issues associated with travel in this scenario....If you get your VISA revalidated in India based on your current approval notice and re-enter USA then the I-94 validity date issued at the port of entry (Sep 2007) may overwrite the pending I-129 extensions I-94 validity date (Sep 2010), if the pending petition is approved prior to your entry.
 
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