H1 Visa Stamping at Montreal,CANADA

R

raviampaty

Registered Users (C)
Hi Experts,
Here is my situation. Please help!!!!!!!!!

I Used to work with a Company A and my H 1B expired on 1st October 2007.I had got my VISA stamped back in CHENNAI,INDIA. H1 was approved only for 2yrs initially (1 OCT 2005 TO 1 OCT 2007). Entered into US in August 2006

Mean while another employer B have filed for new H1(extension) in JULY 2007 well in advace before expire date. I got new H1 approval till 2010 ( almost 3 years) ( 30 OCT 2007- 20 JULY 2010). I never left US till now.

In my first I-94 "Class until "was mentioned as H1B.

1)How the period 1 OCT 2007 to 30 OCT 2007 is considered ? Does it comes as out of status ?

2) In the attached I 94 came with new H1 approval notice ,they mentioned the first I94 card number. what does it mean? . Can I stay in US without stamping till the end of approval date (JULY 2010)? or stamping is must ?

3) I am in Boston area now. If I want to visit INDIA within next three years ,where should I get it stamped to reenter into US ? Please explain in detail the whole process and issues.

4) I am thinking to go to Montreal, canada ,caz its the nearest consulate .
Any one got stamped from this place recently? Please share your exp.

Any help will be highly appreciated.

Good luck to everybody!

First timer on this forum.
 
Answers below:
1. That maybe in error talk to the lawyer who handled the case.
2. Yes you can stay in the U.S. till the expiry date of the new I-94.
3. The best thing is to get the stamping in India itself.
4. I have nothing to add here as I dont have any experience in Montreal.
 
Thanks a lot..
Two more question

1) Can we ignore that error or do I need to get it rectified ?

2)My family came to US on H4 and stayed for six months and went back to India. Now they are in India .

If they want to come back again ,do they need to go for visa stamping again ?
 
Answers below:
1. It is safer to get rectified ... Ask your lawyer whether you can obtain an amended I-797 approval notice.
2. If their visas are valid they do not need another stamp. Please remember to extend their visas as necessary.
 
Last edited by a moderator:
Thnx for Info.

1. How do we extend their visas ? Do they need to appear before consulate again ? I am plannig to bring them here again in this Year March
or

does their H4 automatically get extended as my H1 got extended ? as per my knowledge H4 is valid as long as H1 is valid . I am totally confused on this . How the process would be ?Please help.
 
If I were you, I would do the following:
1. Ask the lawyer to clarify the start date in the I-797.
2. Travel to the home country (where family members are currently staying) and get the H-1 / H-4 stamping togethter at an U.S. Consulate.

H-4s are not automatically extended, if the dependants are living with the principal applicant in the U.S. a I-539 (extension of temporary status) has to be filed. However, when the dependants are stayig outside of the U.S. they will need to go for visa stamping along with the documentation about principal applicant. It's better to get the visa stamping along with the principal applicant. In case the H-4 visas are still valid they can travel to the U.S. without visiting a consulate and then file for I-539 extension as necessary.
 
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