Question re: H1B stamping before current visa expires...

[srp10]

***Urgent Question re: H1B stamping before current visa expires...***

Hi folks,

I would really appreciate a quick response

I currently have an H1B set to expire on Jan 2nd, 05 and an H4 visa for my wife with the same date.

I have applied for an H1B extension and have recd. extension papers for both. I have also an interim appointment at the Mumbai consulate for Oct 14th 04.

The immigration person at the company however says that (though she is not sure,) I cannot go for a visa stamping more than 60 days earlier to the visa expiry date, meaning that I cannot go for the stamping before Nov 2nd 04.

Is this correct? Does anyone have any information on this or can point me to some INS/consulate site that has this information?

Thanks in advance!
-Salil

 

[Mehul_Sangani]

I'm in exactly same situation as yours. My visa expires on dec 31, 2004. My H-1B extension was approved yesterday and my company attorney told 10 days i.e. I cannot get visa stamped from India before Dec 20.

Hence I have planned my trip from Dec 20 - Jan 10 and will schedule interview for visa revalidation on Jan ??

HTH.

 

[srp10]

Hi Mehul,

Seems like there is confusion regarding this...

I called the attorney who processed my H1B extension and he says the 60 days rule applies to H1B revalidations that happened in the US (and were stopped on July 15 04).

Said there is no clearcut guideline that stops visa stampings earlier than 60 days, so I should be OK. I am planning on sticking to my orig plan, interview date Oct 14, visa expiry Jan 2nd. See what happens, if they kick me out on Oct 14th, will get an extended vacation in India

Thx
Salil

 

[usnycus]

For Stamping, it was always 10 days. Following is posted at "http://www.amcits.com/visas.asp" under H1

"Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed."

 

[KrishV]

H1 revalidation in Mumbai

My current H1 visa is valid till Jan 21 2005 and I have got my approval
for an extension from Jan 2005 .
I had a person in Mumbai go to the mumbai consulate with my papers and was told that if the new visa gets stamped now then I can travel back to the US only 10 days before the start of the new visa.
I have an interim appoitment for Oct 2004 when I am on vacation.

Since I hold a valid h1 visa currently , I am also told by my attorneys that the consulate should be able to
give me a stamp from the date of my appointment to the end of of the new visa.basically merge my curent visa and the new visa.

Any advise ?