Two Valid I-797 and H1B stamping

R

rab_ny

Registered Users (C)
I am working in a company since Jan 2003. The H1B visa which i applied on Jan 2003 was expired on Nov 2005. On Sept 2005 we applied 6 year remaining extension which was valid till Feb 2007. We just applied 1 year extension as my LC was pending for more than 365 days. This is approved and valid from Feb 2007 to Feb 2008. I have an appoinment in toronto on Nov 14th. I will be a landed immigrant in Canada when i enter on Nov.

To make it short:
1. Previous H1B visa stamped on passport expired on Nov 2005.
2. I-797 valid from Nov 2005 to Feb 2007 (first extension)
3. I-797 Valid from Feb 2007 to Feb 2008 (2nd extension)
4. Visa appoinment on Nov 14th
5. will be landed immigrant status when enter canada.

I just checked wesite http://www.amcits.com/usa_visa.asp and document requirement states that "Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed"

My 2nd extension does not meet this requirement.

Should i get any problem stamping because of 2nd extension which is valid from Feb 2007 to Feb 2008? What happens when i present Visa office two I-797? Will i get visa valid till feb 2007 or Feb 2008? Are there any risk?

Experts please help me in this matter.

Rab_ny
 
You will not have a problem. In fact, your visa will be issued thru' Feb.2008.
This is if there is no gap between the expiration of the 1st I797 (say Feb.10 2007)
and start date of the 2nd I797 (say Feb.11 2007). Carry both I797 notices with you
and your visa will be issued till Feb.2008. Most visa officers know what to do. However,
just in case you are interviewed by a newbie, politely tell him/her that your attorney
suggested you should be stamped till Feb.2008. Keep in mind that unless you show both the
I797 to the interviewing officer, he/she will NOT issue it till Feb.2008. Also after
you get your passport back, don't forget to check the expiration date on the visa.
Good luck to you!


rab_ny said:
I am working in a company since Jan 2003. The H1B visa which i applied on Jan 2003 was expired on Nov 2005. On Sept 2005 we applied 6 year remaining extension which was valid till Feb 2007. We just applied 1 year extension as my LC was pending for more than 365 days. This is approved and valid from Feb 2007 to Feb 2008. I have an appoinment in toronto on Nov 14th. I will be a landed immigrant in Canada when i enter on Nov.

To make it short:
1. Previous H1B visa stamped on passport expired on Nov 2005.
2. I-797 valid from Nov 2005 to Feb 2007 (first extension)
3. I-797 Valid from Feb 2007 to Feb 2008 (2nd extension)
4. Visa appoinment on Nov 14th
5. will be landed immigrant status when enter canada.

I just checked wesite http://www.amcits.com/usa_visa.asp and document requirement states that "Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed"

My 2nd extension does not meet this requirement.

Should i get any problem stamping because of 2nd extension which is valid from Feb 2007 to Feb 2008? What happens when i present Visa office two I-797? Will i get visa valid till feb 2007 or Feb 2008? Are there any risk?

Experts please help me in this matter.

Rab_ny
Click to expand...
 
You must log in or register to reply here.
Top