H1B Visa Stamping with new H1B I797 approval

[h1bxplorer]

Hi All,

I was going through the website http://usvisa-info.com/ to book appointment for my visa stamping in Canada and I came across some information which made me start this topic.

Let me explain my case.

I came to the US in September 2008 with employer A and I changed my employer to B after an year or so... My current H1 with employer B is valid till mid of April 2012. As I am planning my India trip mid of Feb this year, I thought it would be a good idea to have my H1B extended so that if my case undergoes any admin processing, I will be in safe position. I applied for my H1B extnsion last week under premium processing and it got approved in exactly one week and the validity of the extended H1B is from Mid of April 2012 to Sep 2014. So far so good.

Now I have two EAC numbers - the one with current H1B which is valid till the mid of April 2012 and the new one with newly approved H1B extension. When I fill the DS-160 form and any other form related to my visa stamping interview slot, which EAC number should I enter? If I enter the first EAC number, will I be given visa only till the mid of April 2012 as this (current) H1B is valid till mid of April 2012? If I enter the second EAC number, would the VO in the consulate think that I am out of status in US? If the VO can find out my information based my record and if he decides to give me visa, will he give me visa from the day I attended the interview or from the mid of April 2012 till Sep 2014 as the newly approved (extened) H1B is valid from Mid of April 2012?

When I was going the website I mentioned above, I came across the below indormation...

H1 Bs may apply only 90 days prior to the petition start date and may use their visas to enter the U.S. only 10 days prior to the petition start date unless they are renewing their visa with the same employer.

Based on the answer I have for my questions above, I will have more clarity in undrsting the info I came across in the website.

If the visa officer gives me visa from the day I attended the interview till Sep 2014 (the time my extended H1B is valid), I will be in safe situation. If the visa is given from the day I attended the interview till mid of April 2012 (till which my current H1B is valid), I will have to go for visa stamping again when I leave US after April. Will that be the situation? If I am given visa from mid of April 2012 to Sep 2014, I cannot enter US till second week of April as per the information I read (posted above) in the usvisa website. Would this be the case?

Please excuse me if my questions are confusing.. I am also confused.. I have posted whatever is in my mind.

Could someone answer my questions? It would be really a great help, if I get at least some direction to understand my situation well.

Thanks in advance.

Thanks

h1bxplorer

[h1bxplorer]

Please....Can someone answer my question... I am really confused and tensed what is the right way to do.... Please.. Any guidance will be a great relief to me...

Thanks

h1bxplorer

[shilpasrinivas]

Hi All,

I was going through the website http://usvisa-info.com/ to book appointment for my visa stamping in Canada and I came across some information which made me start this topic.

Let me explain my case.

I came to the US in September 2008 with employer A and I changed my employer to B after an year or so... My current H1 with employer B is valid till mid of April 2012. As I am planning my India trip mid of Feb this year, I thought it would be a good idea to have my H1B extended so that if my case undergoes any admin processing, I will be in safe position. I applied for my H1B extnsion last week under premium processing and it got approved in exactly one week and the validity of the extended H1B is from Mid of April 2012 to Sep 2014. So far so good.

Now I have two EAC numbers - the one with current H1B which is valid till the mid of April 2012 and the new one with newly approved H1B extension. When I fill the DS-160 form and any other form related to my visa stamping interview slot, which EAC number should I enter? If I enter the first EAC number, will I be given visa only till the mid of April 2012 as this (current) H1B is valid till mid of April 2012? If I enter the second EAC number, would the VO in the consulate think that I am out of status in US? If the VO can find out my information based my record and if he decides to give me visa, will he give me visa from the day I attended the interview or from the mid of April 2012 till Sep 2014 as the newly approved (extened) H1B is valid from Mid of April 2012?

When I was going the website I mentioned above, I came across the below indormation...

H1 Bs may apply only 90 days prior to the petition start date and may use their visas to enter the U.S. only 10 days prior to the petition start date unless they are renewing their visa with the same employer.

Based on the answer I have for my questions above, I will have more clarity in undrsting the info I came across in the website.

If the visa officer gives me visa from the day I attended the interview till Sep 2014 (the time my extended H1B is valid), I will be in safe situation. If the visa is given from the day I attended the interview till mid of April 2012 (till which my current H1B is valid), I will have to go for visa stamping again when I leave US after April. Will that be the situation? If I am given visa from mid of April 2012 to Sep 2014, I cannot enter US till second week of April as per the information I read (posted above) in the usvisa website. Would this be the case?

Please excuse me if my questions are confusing.. I am also confused.. I have posted whatever is in my mind.

Could someone answer my questions? It would be really a great help, if I get at least some direction to understand my situation well.

Thanks in advance.

Thanks

h1bxplorer

You can travel to US as long as your visa is valid and you have stamping. If the visa is valid till april 2012, VO will stamp accordingly. If you have approved I797 till 2014, then officer will stamp till 2014.

In a scenario where officer stamps till mid april, your employer has to file for extension of stay prior to 90 days, that is in feb month, 2012. As long as your employer has filed for petition, you are safe.

Regarding entry to USA, if u have stamp till april 2012, you can enter us anytime till april. Afterwards, you will have to get stamping (once your new I797 is approved) if you are moving out of country, however, suppose you get approval from april 2012 till 2014, if you travel in december 2012, you have to go for visa stamping from India. But you dont have to go for stamping until 2014 even if you plan to go in 2013 or multiple times as long as visa stamping is valid(that is till 2014)

[ankurg09]

whats the start date on your 2nd I797?

[Narenc537]

Hi,

 

I am having the same scenario . which i797 did you use while using the ds160 ...the existing one or the new one that is approved.

 

Thanks,

Naren

[jairichi]

Hi,

 

I am having the same scenario . which i797 did you use while using the ds160 ...the existing one or the new one that is approved.

 

Thanks,

Naren

You can use anyone as long as they are valid.