H1B Visa Stamping on Initial H1B or Extension H1B

[Vkohli]

Hi,

I need your advice on how best I can deal with my current situation:

I came to USA in Aug, 2007 as a student with five years of F1 student visa and completed my studies in May 2010. I worked during my OPT period as a software engineer for a private consulting company and after completion of my OPT, my employer filed for my H1B in April 2012 which got approved for 1 year (1, October 2012 – 30, September 2013). This year my employer applied for my H1B extension which got approved for 3 year (1, October 2013 to 30, September 2016). Like I said, I am currently working as a Software Consultant and have been working with the same client since my H1B started.

I am planning to go to Canada for my H1-B visa stamping in July 2013 at Ottawa location.

Here are my questions:

1. Should I go to Canada for my H1-B visa stamping in July 2013 or should I need to wait until my next H1B extension starts which is in October, 2013?
   
2. If I go to Canada in July 2013 will I get visa stamped till September 2016 (Expiration date for H1B Extension)? Or will I get it stamped till 30, September 2013 (First H1B end date)?
   

Thanks guys! Appreciate your time! :)

[Teluguboy]

This is the same situation i faced before i went for Visa interview

- my visa was approved for 1year from Oct 2012 to Sept 2013

- In May 2013 i decided to go for Visa stamping

- So i Ammended and extended existing petition which i got an extension till 2016 may

- I went for visa stamping and it got stamped

Remember simple logic if you are going with you latest petition which starts from Oct 2013 you will get stamped till 2016 but you cant enter USA before that. My good suggestion for you is wait for Oct and go get it done .

[dude258]

Hi

My situation is also exactly same as you, I spoke with my company lawyer they said we need to use the latest one (i.e. H1b ext ). I am going to visa stamping on June 10th I will update you once i finish my visa.... after visa interview we need to make sure that VO is giving visa untill 2016 sep according to H1b ext I-797 copy as it is mentioned. and one more thing in visa stamp there is no start date.

If you have any questions please let me know.

Thanks

Srini

[Vkohli]

Thanks Teluguboy. Totaly appreciate your suggestion. I will definitely consider them.

Dude258 - I would really appreciate if you could let me know how your interview went. Good Luck!!! :)

[Vkohli]

Hi,

I did not undertsand your logic that if i will get stamped till 2016 then Why I can not enter in USA before 1,October 2013? I dont have any number of days GAP in my status. My H1B will expire on 30th September 2013 and Another H1B Extension will start on 1 OCtober,2013.

Can you please give more explaination? Thanks for your time!!

[dude258]

Hi,

I did not undertsand your logic that if i will get stamped till 2016 then Why I can not enter in USA before 1,October 2013? I dont have any number of days GAP in my status. My H1B will expire on 30th September 2013 and Another H1B Extension will start on 1 OCtober,2013.

Can you please give more explaination? Thanks for your time!!

I kohil I came back to US, on june 13th morning I did not get any problem, I don't know about some stupid stories and I am not sure about the "Cap- Gap " program how it works, but I heard they are not eligible for this scinario.

[Deepu1983]

Hi

My situation is also exactly same as you, I spoke with my company lawyer they said we need to use the latest one (i.e. H1b ext ). I am going to visa stamping on June 10th I will update you once i finish my visa.... after visa interview we need to make sure that VO is giving visa untill 2016 sep according to H1b ext I-797 copy as it is mentioned. and one more thing in visa stamp there is no start date.

If you have any questions please let me know.

Thanks

Srini

Hi did u get the stamping for Ext I797?

[dude258]

Hi did u get the stamping for Ext I797?

Yes, I am back without any problem, as there is no start date in the VISA stamp so you are good.