H1B Visa Stamping with extended I-797 and I-140 approved

[satya_nadiminti]

My 6 year term on my first H1 expired in 2011, but my I-797 petition was extended till 2014 as my employer filed PERM for me. Also my I-140 is approved now. The visa stamp in my passport has expired, though.

Now, I have to travel to India on vacation. And to re-enter the US, I need to get the visa stamp. I have beeing hearing that denial of visa in such cases (staying beyond 6 years) by Consulates in India has increased now.

If anyone has been in or know about this situation, can you please suggest a course of action so my re-entry can be smooth? Is there any particular Consulate with better chances of getting visa? Or any other method?

Thanks,

Satya

[vmaha]

I did visa stamping with similar status like yours in May 2011 in India. No issues for visa stamping and port of entry. I dont think denials are related to stay beyond 6 yrs. The denials are becuase of issues in cases. So if your case is clear ..valid job /project etc etc I don't think there is any issue of beyond 6 yrs ..

[satya_nadiminti]

Thanks vmaha! Could you tell me which Consulate you attended the interview at?

[sunny_sun]

I had the same situation. I went to Canada (Ottowa (as Toronto was not available)) to get it stamped. No issues.

[pkmr]

Hi everyone,

My case is almost the same, except I have approved I-140 from my previous employer and working for a direct client now (full time). Current employer has not started GC process yet. I'm on 7th year and have an approved 797 till 2014. Can I go to Chennai for stamping (first time)? do you see any issues in my case? Please let me know.