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drevalla

Existing and New petition

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I have H1-B petition approved till 31st January, 2017. However, I do not have Visa stamped for the same. My spouse has H-4 visa stamp for this petition.
I have a new petition approved till 31st January, 2020. However, I do not have the copy of the approved petition yet.

Currently, I'm in India and planning to go back to US on 25th September. I'm planning to go for finger printing on 21st & Visa Interview on 22nd of  September.

I filled DS-160 form couple of weeks back using the previous petition and I did not fill DS-160 for my spouse.

My queries are,

1) If I don't get the new petition documents before 21st September, Can I ( just me and not my wife) still attend the Visa interview with the old petition? And,

2) If I get the new petition on time, then,

i) Do I have to change the DS-160 which I filled or use the same application ?

ii) Do I have fill in DS-160 for my spouse ?

 

Edited by drevalla
trying to be more specific with my situation

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I have a similar case.

 I have two H-1B receipt numbers, both I-797 from the same employer. One is valid till Nov 22,2016 ( this is present, and is valid for next 3 months) and a new one, got extension from Nov 22,2016 to Nov 21,2019. 

I need to know which I-797 receipt number to use while filling DS-160 for the visa interview?

Technically, I think i should use the latest I-797 which is valid till 2019. Please confirm if i'm right.

 

Thanks

 

 

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1) If I don't get the new petition documents before 21st September, Can I ( just me and not my wife) still attend the Visa interview with the old petition? And,

Yes, you can use your existing petition and go for stamping.

2) If I get the new petition on time, then,  Fill a new DS-160 and take it with you for finger printing. They will guide you.

i) Do I have to change the DS-160 which I filled or use the same application ?    You need to fill a new one.

ii) Do I have fill in DS-160 for my spouse ?   Yes. if she wants to use the new petition for stamping.

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Thank You Shekar.

I got to know that I could still attend the Visa interview with the old petition and I might get Visa stamped. However, my query is that whether there would be a problem at the port of entry ?

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