stamp in Dec if H-1B expires in March?

[JLMA]

Hi there!

Here's a tricky situation. Can you help me figure it out?

I am in the US in current H-1B status valid through March 8th 2012.

On Oct 3rd 2011my employer filed a H-1B extension petition (starting date March 9th 2012), and two months later still pending.

The visa stamp on my passport expired on Sept 30 2011.

I plan on going to my country for Christmas from Dec 21 through Jan 1st.

I have an appointment on Dec 22 at the US embassy in my country to apply for new passport stamp.

Here's the question:

If still no resolution of the pending extension petition by my travel date, will US Embassy accept giving me a stamp based on my current USCIS H-1B approval (which will expire 2.5 months from the interview date at the embassy)?

Tricky, huh?

Thanks!

JLMA

[tusharvk]

Hi there!

Here's a tricky situation. Can you help me figure it out?

I am in the US in current H-1B status valid through March 8th 2012.

On Oct 3rd 2011my employer filed a H-1B extension petition (starting date March 9th 2012), and two months later still pending.

The visa stamp on my passport expired on Sept 30 2011.

I plan on going to my country for Christmas from Dec 21 through Jan 1st.

I have an appointment on Dec 22 at the US embassy in my country to apply for new passport stamp.

Here's the question:

If still no resolution of the pending extension petition by my travel date, will US Embassy accept giving me a stamp based on my current USCIS H-1B approval (which will expire 2.5 months from the interview date at the embassy)?

Tricky, huh?

Thanks!

JLMA

do you have an approved i797? otherwise, how can you book an appointment?

[avasi36]

JLMA,

Do not travel until your extension is approved. If your case takes a 221g hit, 2 months time frame may be used for 221g clearance and it will be of no use for you even if it gets cleared.

You got to make a choice considering the worst scenario, that is what I would do.

All the best

AVasi

[himanshu]

Can you not switch to Premium processing now?

[JLMA]

Thank you all Very much for you input.

Tusharvk: I do have an -i797 approval; it is the one I was referring to as being current through March 8 2012.

Himanshu: yes, i could switch to Premium Processing, but this was my thinking: PP is $1225, while each Consulate interview is $150, so I might as well spend $150 now for a visa through March 12, and on my next trip to my country I will apply (and spend $150 again) for a new visa based on the (hopefully) approved extension. Does that make sense?

After I posted my question, I spoke to the US Consulate in my country and they said that if I have an i-797 approval notice, they'll give me a Visa stamp based on it (and I do have an I-797: the one that expires on March 8 2012).

THANKS!

JLMA

[JLMA]

Thank you all Very much for you input.

Tusharvk: I do have an -i797 approval; it is the one I was referring to as being current through March 8 2012.

Himanshu: yes, i could switch to Premium Processing, but this was my thinking: PP is $1225, while each Consulate interview is $150, so I might as well spend $150 now for a visa through March 12, and on my next trip to my country I will apply (and spend $150 again) for a new visa based on the (hopefully) approved extension. Does that make sense?

After I posted my question, I spoke to the US Consulate in my country and they said that if I have an i-797 approval notice, they'll give me a Visa stamp based on it (and I do have an I-797: the one that expires on March 8 2012).

THANKS!

JLMA