H1B stamping for visa which is ending in 4 months

[allurirajaramesh]

Hi,

I got visa extended from April 2011 till April 2012. I am planning for a trip to India in December till mid Jan. So I have to go for stamping during this time frame.

I am hearing lot of suggestions about going to India with such short period on visa(visa ending on April 2012). I can apply for visa extension after coming back from India.

Need suggestions on this matter.

[INDNewYork]

You are CLEARLY in a risk zone if you go for stamping. Normal 3 yrs extended H1 petitions itself are being kept on hold during stamping citing various reasons, Going for stmping for 4 month valid petition will make the job easy for the Visa officer to reject or simply hold the case for months. I don't think the VO will go forward for other documentation or client letter etc before making THE decision.

[zspochi]

I have the same issue My Visa got extended till Sep 2012. I am not sure should I go for Visa stamping or not? I got first stamping done in Tronoto Canada. Should I go to Canada again?

[allurirajaramesh]

You are CLEARLY in a risk zone if you go for stamping. Normal 3 yrs extended H1 petitions itself are being kept on hold during stamping citing various reasons, Going for stmping for 4 month valid petition will make the job easy for the Visa officer to reject or simply hold the case for months. I don't think the VO will go forward for other documentation or client letter etc before making THE decision.

Thanks for the suggestion. I have proper documentation from my company and I had to go to India for my personal reasons. Very soon my company starts processing the visa extension also. Can I say that the visa extension is in progress.

[UrgentQ]

Hi,

You have 4 months that is too short time frame, they can put your visa stamping in Administrative process, which can take months and meanwhile your I797 can expire, which can be an issue for you.

So please consult some attorney as well before going.

[INDNewYork]

You can say SO if you are given a chance to say so. But my bet is that the VO doesn't even bother about "your company GOING to apply for ur ext soon in the FUTURE....". I am not hoping for any bad but surely, your stamping wil be at risk. Keep us posted.

[vicky112]

one of my friends was in same boat.

he went to india in may while his h1b was expiring in sept.

he got a 221G.

in August his Company applied for h1b extension premium processing(even though my friend was stuck in india. it seems h1b extension can be applied even if the person id out of US).

he got his H1b extension Approved in September.

luckily in oct the hyd consulate asked my friend to submit passport and i797, he had submitted passport and both new and old i797. he got visa stamped in passport and he is back in US

i would suggest you take an appointment with an attorney and find out the process of applying for h1b extension if ur stuck in india(worst case scenario)

and best suggestion, apply for h1b extension premium processing. u will get decsion in 2 weeks.

then go to india with new approval form. everything will be simple in that case