Visa stamping on 2 months H1B valid petition

[akash012]

Hello Friends/Seniors,

I am looking for your advice on my situation. I must need to visit india in January 2012 for marriage purpose. My current H1B petition is getting expired on April 19, 2012. My H1B visa already expired on passport. Keeping all these things in mind. What will be the best and safest way for me ? I have given all my dilemma coming up in my mind.

1. Should I apply H1B Extension in premium processing and get it approved before I go to India and use this new valid petition for visa stamping ?

2. Should I use current petition which is getting expired in April 2012 for visa stamping in January 2012 ( only 2 OR 3 months left) and apply for H1B Extension after coming from india ?

3. Will it be possible to initate H4 in Jan for my wife after marriage on current petition which is getting expired in April 2012 ?

Could you please help me? Thanks a lot for your time and help. I woul,d be really grateful for that.

Kind regards,

[INDNewYork]

Point 1 is your best option. Point 2 is forgettable. Point 3 is possible because thats what exactly I did(initiated 2.5 months before my H1 petition expiry) and i got my wife's visa after 4 weeks of admin processing.But there is a risk involved here though(she may not come along with you). But If point 1 works out for you then you initiate your wife's visa and get her stamped for a longer duration! Thats much safer to get her visa with out any doubts or admin procesing.

[akash012]

Thank you very much for INDNewYork for your help and time. Any other suggestions seniors/Friends ?

Kind regards,

[vicky112]

option 1 is best.

apply for h1b ext in premium processing. even if there is a rfe, it will be cleared in 15 business days.

and one more thing, if u go for visa stamping with just 2 months left, if u get visa, the visa date on ur paspport will be april 2012. so u have to go to stamping again when u go to india next time.

instead apply for h1b exten in Premium processing and go for stamping. if u get visa, visa date on passport will be new i797 date(2-3 years).

just my opinion