Questions on Visa revalidation based on I-140. Please help!!

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rajivfromin

Registered Users (C)
My situation is :
1. I have visa stamp from my previous H1 ( not current one). Its valid till Nov'1 2006.My I-94 is also valid till Nov'1 2006.
2. My current H1 is valid till March 2007 ( my visa stamp is not based on this H1). My company will be filing for 3 year H1 extension thr' premium processing based on approved I-140. I am expecting my H1 extension to come by Sept end.
3. I will have only 1 month to do all the things necessary to get my H1 stamping. This is to make sure that in case visa gets rejected I can come back based on valid visa.

Questions :
1. What will be start date on my new H1 based on I-140. Will it be March 2007 or Oct 2006 ?
2. I read in the forum that visa stamping in Canada can not be done 10 days before start date of H1. Will I get extension till validity of my new H1 ( 6months on current H1 + 3 yrs. of extension ) ? or I will get extension only for 6 months based on my current H1 ( till March 2007) ?
3. My extension application is not yet filed. Will I be able to apply for Canadian visa ? Should I do it now ? Will I need any documents related to new extension for this visa ?

I will really appreciate answers to these question. Also any other tips and information.
 
rajivfromin said:
My situation is :
1. I have visa stamp from my previous H1 ( not current one). Its valid till Nov'1 2006.My I-94 is also valid till Nov'1 2006.

2. My current H1 is valid till March 2007 ( my visa stamp is not based on this H1).
------------------- dont you have I-94 valid till March 2007????
My company will be filing for 3 year H1 extension thr' premium processing based on approved I-140. I am expecting my H1 extension to come by Sept end.
3. I will have only 1 month to do all the things necessary to get my H1 stamping. This is to make sure that in case visa gets rejected I can come back based on valid visa.

Questions :
1. What will be start date on my new H1 based on I-140. Will it be March 2007 or Oct 2006 ?
------------ you have H1 approval till March 2007, your employer is filing your H1 extension and that extension will be from March 2007+3 years
2. I read in the forum that visa stamping in Canada can not be done 10 days before start date of H1. Will I get extension till validity of my new H1 ( 6 months on current H1 + 3 yrs. of extension ) ? or I will get extension only for 6 months based on my current H1 ( till March 2007) ?
------------- you will get H1 visa stamp till your H1 extension approval date if that is approved for 3 years you will get visa stamping till H1 extension approval expiry date.
3. My extension application is not yet filed.

Will I be able to apply for Canadian visa ?
------------- for Canada visa if you are going for H1 visa stamping then you need valid status in US and interview date letter to show your reason . for more info check nearest Canada consulate site

Should I do it now ?
-------- you can do it
Will I need any documents related to new extension for this visa ?
------------ if visiting Canada for H1 visa stamp then you need to show the documents. better go for Canada visa when you get H1 extension approval in hand and get Appointment for H1 visa stamping in Canada from US consulate in Canada
I will really appreciate answers to these question. Also any other tips and information.
Click to expand...
 
Hi Ginnu,

Thanks a lot for reply.

I had received my I-94 valid till March 2007. But I visited India this year, the immigration office gave me new I-94 with validity based on Visa stamp ( till Nov'1). My understanding is this I-94 over-rides my prev. I-94.

You mentioned that new extension will be March 2007+ 3 yrs. What will be start date on new H1, March 2007 or date of my approval ? Do you think that I just need to show only ONE I-797 which is the latest one ?

Do you think its a good idea to approach Canadian consulate for Multiple entry visa ? This way I can apply visa just based on tourist intention but later can also go for visa stamping. Will it cause issues ?

Thanks again for your reply.
 
rajivfromin said:
Hi Ginnu,

Thanks a lot for reply.

I had received my I-94 valid till March 2007. But I visited India this year, the immigration office gave me new I-94 with validity based on Visa stamp ( till Nov'1). My understanding is this I-94 over-rides my prev. I-94.
--------------- mistake of POE officer. did you show valid visa stamp AND H1 approval till March 2007? if yes you were supposed to get I-94 till your H1 approval March 2007. you can still go to that POE and can get the I-94 corrected OR file the H1 extension BEFORE latest I-94 gets expire

You mentioned that new extension will be March 2007+ 3 yrs. What will be start date on new H1, March 2007 or date of my approval ? Do you think that I just need to show only ONE I-797 which is the latest one ?
------------- latest H1 and valid I-94 + lawyer will need papers from employer/you to file for Extension.
Do you think its a good idea to approach Canadian consulate for Multiple entry visa ?
----------- you can try
This way I can apply visa just based on tourist intention but later can also go for visa stamping. Will it cause issues ?
-not a problem if you have visa to visit Canada
Thanks again for your reply.
Click to expand...
 
Hi Ginnu,

Thanks a bunch for answering my questions.
I-94 was one of the reasons I am pushing for H1 extension through premium processing.
I think as you suggested I will wait till extension approval to apply for Canadian Visa. This is just in case I get approved for single entry visa.

Thanks again.
 
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