H1B - Stamping in Ottawa for 7th year

G

green_yogi

Registered Users (C)
Hello

Could any one answer my questions below,

My status:

Labor - cleared
I-140 - Cleared
Waiting for PD to become current to file I-485.

My friend went for stamping last month. He went for 7th year H1B extension. He got H1B approved till 3 years i.e. till 2009 based on 1-140 approval.

Even though his H1B approved for 3 years the officer issued the Visa (Stamping) only for one year and the officer said that "its just the law".

Question: Is that true? I thought I will get 3 years stamping in the passport since my H1B is valid for 3 years.

Question: I am taking a copy of my 1-140 APPROVAL with me. Do I need copy of my approved labor?. According to my lawyer I should be fine since I have approved 1-140 but I red somewhere in the forum that someone had to show the approved labor also. Could anyone please clarify?.

Thanks.
G.
 
Last edited by a moderator:
As per the following explanation , you are eligible for 3 year extension if you are from a retrogressed country

"Section 104(c), allows for three-year H1B extensions based upon the foreign national's being the beneficiary of a green card case that cannot proceed due to per-country ceilings on the number of immigrant visas that can be issued each year. This means that, if one is subject to visa retrogressions and the I-140 has been approved, then s/he would be entitled to longer H1B extensions"

But what happens in the consulate is entirely up to the consular officer. you can plead your case but the final decision is consular officer's.

From My personal experience of stamping in ottawa for H1B revalidation for 7th year with 3 year extension I got it successfully 3 months ago. My passport is valid till only 2008 but still got the visa stamped till 2009.

The fact that your 140 approved means your labor certification also approved. But having a copy of approved labor doesn't hurt either. During my visa interview the consular officer did not ask for copy of labor, 140,485 etc but i had everything in case if he /she asks for it.

Thanks

Kalatta
 
Thanks much Kalatta.

One last question, Did you get your passport in the same day or next day?.

Thanks.

G.
 
green_yogi said:
Thanks much Kalatta.

One last question, Did you get your passport in the same day or next day?.

Thanks.

G.
Click to expand...

Next day 3 PM. In ottawa they won't give the passport on the same day.

Thanks

Kalatta
 
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