Visa Stamping in 7th year

[waitingforgc04]

Guys:
I am in my 7 year of H1-B (till Feb'05). I plan to travel to India in Dec this year.
Currently my I-94 states validatity till Oct'2002.

Here are my questions:

- Is it advisable/preferable to get the VISA Stamping done in Canada(Toronto/Ottawa) or in New Delhi?
- Has anyone had experiences to share when getting VISA Stamping done in 7th year..?
- I heard that they denied a person in Chennai Consulate who was in 7th year saying that Non-Immigrant Visa is for 6 years and you are trying to immigrate and take a job away from an American..has anyone heard of similar stories..?

Please advice me as I am really not sure whether I should make this trip or not ?

Your inputs will be highly appreciated.

Thanks

 

[Pinky Patel]

One of my friend recently got his h1b stamped in 7th year, but he used drop box facility in bangalore, so i am not sure what happens if you go in person. can you use the drop box ?

 

[waitingforgc04]

Hmm.. I am not sure whether the Drop box facility is still available.
Atleast in New Delhi I think it is NOT available and you have to do it in person.

Could you please provide more details about your friends case..?

Thanks

 

[alren]

One of my friend recently got his h1b stamped in 7th year, but he used drop box facility in bangalore, so i am not sure what happens if you go in person. can you use the drop box ?

Drop box is no longer available.

 

[Pinky Patel]

My friends 6 yrs expired in january and he went to india in june and used dropbox (middle of June exactly) from bangalore TTS. I will be in same situation very soon so I am also anxious.

 

[Pinky Patel]

If your gc application is still in labor stage you dont have to mention on your h1b stamping application that you have filed for a immigrant visa , so why would the consulate put such questions to you.

 

[max2k1]

In addition to that, H1 is a dual intent visa.
The consulates do not have the right to deny a H1 visa solely based on the fact that the applicant has an immigrant visa petition pending/approved.

H1 specifically allows that and so does the INA ( See Sec 214(b) ) .... the consulate CANNOT deny your H1 visa stamping on the grounds of being a potential immigrant.

I would worry about getting appointment dates rather than this !!

 

[waitingforgc04]

Max,
So what you are saying is that there is NO reason to worry about getting your VISA denied on the Immigrant reasoning.
When you go for H1-B Visa and you are in 7th year, they know that it is only possible to be in that stage if you have LC/I140 pending more then 365 days.

Well, I wish there are people(in there 7th year) who have gone to the Delhi Consulate and can share there experiences.

It's just that hearing something like this scares you a little and you really want to make sure you have everythign covered.

Any other suggestions/inputs would be appreciated.

Thanks

 

[waitingforgc04]

Hey Pinky,
I saw this information and since you said you were planning on using the drop box, thought would share with you. This is from US Consulate website:

The schedule for ending the drop-box facility is as follows:
New Delhi: Last day to submit applications via drop-box - June 30;
Chennai: Last day to submit applications via drop-box: June 30;
Kolkata: Last day to submit applications via drop-box - July 16;
Mumbai: Last day to submit applications via drop-box - July 20;

Good Luck...

 

[alren]

Hey Pinky,
I saw this information and since you said you were planning on using the drop box, thought would share with you. This is from US Consulate website:

The schedule for ending the drop-box facility is as follows:
New Delhi: Last day to submit applications via drop-box - June 30;
Chennai: Last day to submit applications via drop-box: June 30;
Kolkata: Last day to submit applications via drop-box - July 16;
Mumbai: Last day to submit applications via drop-box - July 20;

Good Luck...

Exactly. The want to fingerprint e'body and hence dropbox and revalidation in US is stopped.

 

[alren]

Max,
So what you are saying is that there is NO reason to worry about getting your VISA denied on the Immigrant reasoning.

Yes. I would second that.