URGENT - Qn on revalidation @ St Louis (Jaxen et al...pls help)

H

h1_xfer

Registered Users (C)
Friends -

Have received an H1 extension and my current visa expires Oct 1, 2002. My new I-797 authorizes stay till Jan 2004.
I may have to travel overseas on business and lets say I return on 26th/27th Sept 2002.

a) Is it mandatory to send in the passport so that it reaches St. Louis before the 1st Oct (my expiry date on the current visa?) Or can I send it for revalidation even after the 1st Oct expiry?

b) If I *can* send it in after the 1st Oct, then is there any limit on the amount of time after that date by when I have to send the passport? Say 6 months or something like that??

c) What happens if St. Louis "rejects" the stamping request (for whatever reason)?? Can this happen? What recourse do I have then...can i simply stay in the US till the end of the new I-797 (assuming that I dont ever leave the country, sine i dont have a visa stamp to allow me to come back in) ??

Pls help URGENTLY....need to plan out everything asap. Any information you can provide will be awesome.

Thanks!
 
answers

1. No. See the new approval. It should have a new I94. The expiry date in that is binding now.

2.Within 1 year from expiry date

3. Cannot happen. If you had submitted the I94 along with and that was not returned by DOS then you need to travel outisde US and get a new I94.
 
Thanks Jaxen!!

Thanks much, Jaxen.

From your answer, I assume that it is safe to send the passport for revalidation even after my current visa expires, sicne the new I-94 (till the later date) is now the binding one.

Unfortunately my plans being still somewhat fluid, I would like to pose another couple of questions on the possibility of getting a visa stamp after the expiry of the existing visa (but with an I-797 for an extension in hand), but this time at a CONSULATE (say Mumbai, India).

Anybody with any answers to the follwoing , pls help urgently

a) Is such a stamping possible at the consulate, AFTER my existing visa expires?

b) If answer to above is "yes". what is the time limit after expiry of the current visa within which I must apply?

c) Is there any special requirement regarding documents etc?

d) Is there a possibility of a "rejection" in such a case (viz consulate), and if that does happen, what recourse do I have then??! Considering that I will have left my apartment/belongings here without a way to come back, I am sure that it will have to be some extreme circumstance!
 
Answers

1. yes
2. Until expiry of the I797/h1
3. Always treat this as a new visa stamp. Take all docs (LCA, i129 copy, employer letter, paystubs...)
4. If rejected, you cannot come using that visa. U will have to apply for another visa. Rejection of a h1 extension is a remote possibility, unless the consulate has some way found out that ,your degree is suspect or your company cannot pay you the salary promised(i.e. bogus company)...
 
You must log in or register to reply here.
Top