H1 Revalidation Refusal

K

krjeevan

Registered Users (C)
My H1 stamping in the passport has expired on June 2001. Current H1 has not expired. I sent my passport to St.Louis for revalidation and was refused.The reason was that the H1 stamping in the passport has expired over an year ago. It also mentions that I need to get revalidation in an american consulate outside USA.

Is there any risk involved if I go to India after another year and then get it revalidated, or do you think getting revalidated in Canada or some other country immediately is better.

Please give me some ideas on how to approach this issue.

Thanks
 
it's shouldn't be problem for you.

If you have maintain legal status trough out your stay in USA, you shouldn't be any problem to get stamping in India.

Keep employee letter, w2 , and recent pay stuff. As your visa category doesn't change you will be eligiable for drop box process.

So don't worry and relex.

Good luck,

JB

(if you have doubt about your status or it is questionable then you want to use canada or maxico)
 
thank you. some more help please

Any given day,with all parameters remaining the same,
which one is a better option -- Canada/Mexico or India
-- to get Visa stamped/revalidated?

Thanks in advance. Someone please help!
 
I think Canada/Mexico is better.

To remove uncertainty in your mind and have mental peace, depend on what state you are staying go visit Canada or Mexico to get visa revalidate, so when you go to india, you already have visa revalidate (in short you don't have to wait for one year in uncertainty)

(I don't think there is any risk involve to getting stamp from India, as long as you maintain status, but again I am not immigration expert )

Good luck.

JB
 
how about I94

Thanks Jbm all the input.
My I94 has also expired? Can we get I94 extended?
If there is a way to extend I94, does it depend on the visa expiry date.
As I said earlier, the H1 revalidation was refused.

Any help is appreciated.
 
new I-94 will be with your new h1 approval.

As you said your H1 is valid that meance you have new H1 approval notice, read carefully your i-797 notice, bottom portion will be your new i-94 form (I don't rember right or left bottom portion, but one is your new i-94 card and other side is for your personal record), which has new extended visa expiration date. (it's should be same date when your new H1 approval expire )

H1 revalidation was refuse, becuase you sent after one year of visa stamp expire on your pp, these people goes by book, and it clearly mention, you can revalidate at st. Louis if your visa expire in 60 days (remaining) or expired in last year.

so that's the reason, it refused. And if you have any status issue involved better consult lawyer, becuase INS respond differently if Lawyer is involved.

I hope this will help.

JB
 
No worries

I don't see a problem if you go out of the country (your country or a third country) and have your PP stamped.
 
my I94 is not expired

Thanks JBM, I looked at the H1 I have and that has a I94 that is not yet expired.I was a little confused of the I94 that was stapled in my passport.

Thanks guys for the input.

Really appreciate it.
 
Let me tell you I went to turkey with
an expired visa. I have been stucked here for 3 months now.
India is within
high risk countries,so just consult the
US consulate in India or check the web site before you go
and see if there is any security check
investigation.
 
Not legal advice

I believe you need a visa from the DOS on your passport only if you need to travel outside of United States and re-enter. When you are within the U.S. and working, your status is determined by the I-94 attachment at the lower left corner of your I-797, H1-B Notice of approval; New procedures are in place in the consulates in India and may be in other countries too, so you will have to check the relevant websites on what it takes to get your passport stamped there, whether you are willing to stay away that long and whether it is really necessary; Also keep in mind that per new regulations, if you are in Canada or Mexico and and get denied for some incomprehensible reason, you cannot re-enter U.S like the good old days, but may have to travel to your home country to get a valid visa (I could be wrong, dig further into murthy.com chat transacripts...).

This is not legal advice. Hope it helps.
 
Where to refile again if the H1 Revalidation appl. refused and returned(DC/St.Louis)?

My H1 revalidation application was refused and returned.Now shall I resend my H1 revalidation application to Washington DC or St. Louis address?
Do I need to send the refusal letter sent by US Department of State?


Department of State CA/VO/P/D,
2401 E Street,
N.W. Room L-701
Washington, D.C. 20522-1016

Courier Service US Department of State/Visa
(Box 2099) 1005 Convention Plaza
St. Louis, MO 63101-1200
Fax: 202-663-1608


Thanks
Mohit
 
hi mohit

u need to send it to
Department of State
CA/VO/P/D
2401 E Street, N.W.
Room L-701
Washington, D.C. 20522-1016

please check this link for all information needed :

http://travel.state.gov/resub.html

when did u send your initial application? why was it refused? when was it returned
 
reasons of refusal

Hi sanjna
Thanks for ur reply. I got my rejected application back in 1.5 month appx.

Reasons:- The date on my "Application for H1B visa from employer was not current.(It had 4 months old date).
Photo was small(small face).
DS157 not enclosed..actually I did enclosed it.
I sent for revalidation about 120 days in advance insted of mimimum 60 days.

I don't have(lost) the recipt of payment(then 45$). Do u know its importance?



Mohit
 
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