Questions about H1 renewal from outside the US.

H

homemaker

New Member
Could someone please advice me? I recently read about the change in rules regarding H1 renewal and H1 extension, that it can no longer be done in the US. My husband's H1 (6th year) expires in May, 2005. I am currently in India on some personal work, and will not return to the US until Dec, 2004.

I am thoroughly confused by the following statement:

>> According to the new rules, holders of 'E' (traders and investors), 'H'(professionals), 'I'(journalists), 'L' (corporate workers), 'O' (people with particular skills) and 'P' (entertainers, artists, athletes) categories of visas will no longer be able to renew their papers in US and have to travel to a US embassy abroad to be fingerprinted

(a) Does this mean that my husband has to return to India in May, 2005 and apply for a renewal of his H1 / 7 th year extension from India?

(b) If I have only 5 months of validity left on my H4, would I have to apply for a H4 extension from India when I leave? Or will I be allowed to travel to ths US and have to come back to India in May 2005 to apply for a renewal when my husband applies for his H1 renewal?

(c) Does anyone know the approximate processing time for H1 renewal from India (Chennai consulate)?

(d) What exactly does REVALIDATION of visa mean? Is this the same as "renewal"?

Can someone please help?

Thanks in advance for your time.
 
(a) Does this mean that my husband has to return to India in May, 2005 and apply for a renewal of his H1 / 7 th year extension from India?
-- He need not necessarily come to INDIA in may 2005 for h1 extension. If he has labor orI140 pending he can apply for his 7th year extension from US. Visa revalidation is mostly for travel purpose. If he hold visa only until May 2005 on his passport and after getting his 7th year extension which will be until may 2006 , if he travels to india after May 2005 , he has to get his visa stamped to come back to US. Earlier before 2 months of your visa expiry you could revalidate them in US itself. But now you have to go out of country for VISA revalidation.
(b) If I have only 5 months of validity left on my H4, would I have to apply for a H4 extension from India when I leave? Or will I be allowed to travel to ths US and have to come back to India in May 2005 to apply for a renewal when my husband applies for his H1 renewal?
-- H4 extension will be applied when your husbad files for his 7th h1 extension which can be done normally 3 months prior to expiry of current h1 validity period.If you have H4 valid until May2005 and visa until that time, you can come back to US anytime before that VISA expires.
(c) Does anyone know the approximate processing time for H1 renewal from India (Chennai consulate)?
--H1 extensions are done in US and not in US consulates. Based on the service centre it takes 4 to 5 months if it is regular processing. If it is premium it takes 2 weeks to get the H1 approval. After that if you are out of US and want to come back and dont have VISA then you have to go to US consulate to pursue VISA after taking appointment.
(d) What exactly does REVALIDATION of visa mean? Is this the same as "renewal"?
--Visa Revalidation is extending VISA on your passport based on ur current legal stay in US. H1 and VISA are different. VISA is for Travel purpose and H1 is to legally stay in status.

This is to the best of my knowledge. Iam not a lawyer. If i am wrong somewhere, please correct me.
 
You must log in or register to reply here.
Top