H1B revalidation, requesting your inputs - Thanks!!

R

RMJ

Registered Users (C)
Two urgent questions on H1B visa revalidation:

1. Should I send the original I797 \'notice of action\' or is a certified photocopy enough?.

2. After sending the passport etc. for H1B revalidation, is there someway I can track the status of the same?.

Thanks a million for your feedback!
 
No Title

Hi ,

   No need to send any original except the I94 ,passport and the letter from your employer. just got everything back smoothly. (Though it took 10 weeks) . There no real way to check the status . May be you can track the mail , if you are sending it by Fed ex or UPS. All the best
 
urgent visa extention

Problem Description:
Hi, I require an advice. I have got my H1-B stamped in may-2000 and Expires on March 2002. I have not visited US untill now due to Recession. I am working for software company in india . i wish to extend my visa before march by making a short visit to US and continue with my work in India. I want your suggestion in getting my extention with minimum stay in US. as getting leave at my company is difficult. please help , I do not want to loose my H1-B visa. Thanks in advance
 
Kallepali : I guess I\'m not understanding your situation

Hello,

You wrote " I have got my H1-B stamped in may-2000 and Expires on March 2002. I have not visited US untill now due to Recession."

So I\'m assuming you have not been in US and working here in US for more than 2 months then. Hence, your H1B status is no longer valid.

If you still want to renew your visa, you\'ll have to get the sponsoring (previous or new company) to file for an extension or new H1B for you.

There\'s really no way around it.
 
visa extension

Well as far as I know your visa is extended only if the company that sponsered your visa in the 1st place files for an extension for you with INS and gets an approval. Depending on where it is filed it may take anywhere between 30 to 90 days. Once you get the approval then you can go to the counslate in India for Revalidation with all your paperwork. But since you have not visited US at all since your stamping you may have a hard time explaning to the Embassy officer why you are getting an extension when you have not worked here at all and are not sure when you will be coming here to work. I am not sure but I think the counslate may treat your application as a new application and not an extension unless you come to US and stay here for some time till your extension is approved and then send it to the Department of State in US for revalidation, which takes 2 more months (as the things here stand).
All I can say is Good luck..............
 
No Title

Without a job offer, just the visa stamp in the passport
has no meaning.

Your H1-B petition/visa is probably still valid (unless the petitioning
company withdrew it, which is unlikely as it is normally not done).
So you can use it to enter US provided the job offered to you
originally is still available.
At the port of entry, the INS agent would most likely ask you for
a recent letter from the company that petitioned your H1 to the
effect that they still have a job for you.

So as long as that is true, yes you\'d be able to use your visa and
and H1 petition to work in US. And if you dont work for the company
in US, extension doesnot make any sense since you dont have an H1
status (which you\'d get when you enter the US with an H1-B visa)
 
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