Using a future dated H-1 stamping to re-enter US

E

Eternal_Pending

Registered Users (C)
Hi
I have this situation:

1) Currently in my 8th year of H-1B visa.
2) Visa stamping in my passport expired on Oct 31, 2005.
3) Holding two I-797 approvals for 1 year each with the following dates:
a) Nov 1, 2005 - Oct 31, 2006
b) Nov 1, 2006 - Oct 31, 2007
4) I have an appointment at the Vancouver, BC Consulate on Oct 5, 2006.

If I go to the Consulate along with the two I797 approvals above, what will be the approval dates in my stamping? Is it possible to get two stamps based on the two approvals? Or may be one stamping that spreads the approval dates of two I-797 approvals?

I appreciate any advice with this situation.

Thanks
Eternal_Pending
 
Eternal_Pending said:
Hi
I have this situation:

1) Currently in my 8th year of H-1B visa.
2) Visa stamping in my passport expired on Oct 31, 2005.
3) Holding two I-797 approvals for 1 year each with the following dates:
a) Nov 1, 2005 - Oct 31, 2006
b) Nov 1, 2006 - Oct 31, 2007
4) I have an appointment at the Vancouver, BC Consulate on Oct 5, 2006.

If I go to the Consulate along with the two I797 approvals above, what will be the approval dates in my stamping?

---- If you handover both the I-797's VO will at once ask you which company are you going to join, accordingly they will issue the visa

---- If by chance you indicate the shorter one ending by OCt 31, they will immediately ask what are you going to do after that. Then you will mention the second I-797 and at that time you will be questioned why did you present both. The questioning is endless. Thus, present the second I-797 and get the visa stamped on your Passport till Oct 2007. No playing around, although you have 2 H1 approvals, you have to get one visa stamp and not two. You will be permitted to work for the other company till Oct. 2006 based on your terms with that company

Is it possible to get two stamps based on the two approvals? Or may be one stamping that spreads the approval dates of two I-797 approvals?

---- Only one visa stamp will be issued and stamped in your Passport for one company whichever one you want to work for. No two stamps, or two annotations on your Passport

Subramanya
Click to expand...
 
Both are from the same company!

Sorry - I forgot to mention both approvals are from the same company. The word "extension" was missing in my entry so it was easily misunderstood.

Sorry again for the confusion
Eternal_Pending
 
Eternal_Pending said:
Sorry - I forgot to mention both approvals are from the same company. The word "extension" was missing in my entry so it was easily misunderstood.

Sorry again for the confusion
Eternal_Pending
Click to expand...


You will have to present the most recent I-797 to the VO and you will get the visa stamped with a validity date from the date of stamping to the I-797 expiration date which is october 2007. You must however keep all I-797 and I-94s with you to prove that you were in legal status all the time.

nothing to worry about! a very common case where you get a 797 but don't go for stamping, then you get another 797 and this time you go for stamping.

Good luck
 
I am in similar situation

I am working in the same company since Jan 2003. I had revalidated H1B visa once with this company which was expired on Nov 2005. On Sept 2005 we did remaining H1B 6 year limit extension and that was approved through Feb 2007. I have to land Canada as skilled worker immigrant by december 2006. I also applied LC which was pending more than 365 days ago. this allow me for one year H1B extension which we filled on Sept 2006 and approved till Feb, 2008.

I now have two I-797:
1. Valid till feb 2007
2. Valid from feb 2007 to 2008
3. Previous visa expired on Nov 2005

I have an appoinment in toronto us consulate on Nov 14th to apply for H1B Visa.

Will there be any issue as i have to present two I-797 to get visa stapmed till feb 2008?
 
I read the document requirements for H1B visa stamping through http://www.amcits.com/usa_visa.asp and found out that "Appoinment should be made ten days prior to the validity date on the I-797 or after the validity date has passed"

This seems that we can not use 2nd extension in order to get visa stamping.

Can someone clarify on this whether we can use future dates for stamping or not?

I am seeing in other forum (murthy forum) in which user posting that we can use 2nd extension i-797 paper to stamp visa to use future date.
 
rab_ny said:
I read the document requirements for H1B visa stamping through http://www.amcits.com/usa_visa.asp and found out that "Appoinment should be made ten days prior to the validity date on the I-797 or after the validity date has passed"

This seems that we can not use 2nd extension in order to get visa stamping.

Can someone clarify on this whether we can use future dates for stamping or not?

I am seeing in other forum (murthy forum) in which user posting that we can use 2nd extension i-797 paper to stamp visa to use future date.
Click to expand...
Hi rab ny,

I have the similar situation and also the clause is correct that "Appoinment should be made ten days prior to the validity date on the I-797 or after the validity date has passed".
That is why, without taking any risk, I am planning to get an appointment with US Consulate, Kolkata, on the day which falls within the range of my latest H1 extension (i.e. Ninth year extension).
 
I am working in the same company since Jan 2003. I had revalidated H1B visa once with this company which was expired on Nov 2005. On Sept 2005 we did remaining H1B 6 year limit extension and that was approved through Feb 2007. I have to land Canada as skilled worker immigrant by december 2006. I also applied LC which was pending more than 365 days ago. this allow me for one year H1B extension which we filled on Sept 2006 and approved till Feb, 2008.

I now have two I-797:
1. Valid till feb 2007
2. Valid from feb 2007 to 2008
3. Previous visa expired on Nov 2005

I have an appoinment in toronto us consulate on Nov 14th to apply for H1B Visa.

Will there be any issue as i have to present two I-797 to get visa stapmed till feb 2008?

---- When you present both the I-797s you will get a visa stamped till 2008 and not two visas (one till Feb 2007 and other till 2008) as you might be expecting

However, there are no issues in this

The reason you are going for a visa stamping is since you immigrating to Canada as a landed immigrant and in order to return back you are applying for a visa. Is this correct?

Hope your query is responded to, else visit the forum

Subramanya
 
Hi Subramanya,

Yes I will be landed immigrant in Canada once i enter Canada on Nov 14th. I have already scheduled for the visa appoinment on Nov 14th and not planning to cancel it even there is risk. I will also try to consult with lawyer.

If you are planning your trip to canada for visa appoinment on Oct 5th please do not forget to share your experience.

Rab_ny
 
Landed Immigrant

Yes I will be landed immigrant in Canada once i enter Canada on Nov 14th. I have already scheduled for the visa appoinment on Nov 14th and not planning to cancel it even there is risk. I will also try to consult with lawyer.

If you are planning your trip to canada for visa appoinment on Oct 5th please do not forget to share your experience.

---- Why are you going twice to Canada, once for visa stamping and second time as Landed immigrant. What will you do when there is an issue with your visa when you go Oct 5th.

You are giving two dates for your visa appointment, Nov 14th and Oct 5th. What does that indicate

Subramanya
 
Hi Subramanya,

I have only one appoinment which is Nov 14th. I thought you have appoinment on Oct 4th. Isn't it? That't why i ask you to share your experience when you go for interview on Oct 4th.

Rab_ny
 
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