H1B EXTENSION STAMPING ON APPROVED 140 AFTER 7TH YEAR

[sarahslp]

Hi Everyone,

I am currently on an h1 that expires in june 2013.My extension with the same company(ive been with them for past 5 years) was filed via premium today based on Approved I-140 (Im past the 6 yr limit)

Now,I am palnning a trip to India in March and will appear for stamping in Delhi.My question is :

1)Assuming the extension is approved will they issue a stamp till end of the new petitioin?

2)If above is not true can i still get the stamping till expiratiion of current H1(JUN 2013)? to allow me to return to the U.S.

Please help with your answers/suggestions as I am still able to change things at this point.

Thanks in advance!!

[Asinv3]

Hi - I am also in a similar situation. Only diff is I am planning to fly later this year so by then the new petition date would have kicked in. If you have your new petition on hand while you appear for stamping, then I am not sure. If it is still pending, then it is a no brainer, stamping will be valid only till Jun 2013. I would recommend that you talk to your company attorney to see what would be best for your case. All the best!

[talluriv]

I have appeared for the h1b visa interview in jan-14-2013 , it was approved for the future i797. which is effective from Feb,12-2013..visa issued for 3 years..i have attened close to one month before the new petition start date..

technically we can attend for the visa interview before the petition start date. you will need use new I797 number when you book the appointment and present the same in the 1st counter( where they check for PIMS and kept in a blue folder).. also have the old I797 handy, if the VO ask you can provide the old i797 for any verification.. have both LCAs ready. current LCA & LCA associated with future I797. and when VO asks for LCA first provide future LCA as needed...

[sarahslp]

thank you both for clarifying!!