H1-B VISA renewal - Please advise

[mraje]

I hold an existing H1-B VISA which is currently valid and stamped and expiring on SEPT 2012.

Recently I applied for an extension and got I-129 approved this week.

I got married in JAN 2012 and this time I would also like to file H4 VISA (dependent category) for my wife along with me and we would like to appear for the interview together.

My Question is that I am applying for my H1 extension (same class of VISA which is currently valid) but my wife will be applying for her H4 VISA for the first time. Do we together fall under VISA renewal Criteria? What should I answer to the following question.

There is question while scheduling an appointment and that is

Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*

Yes/No

Please click here for Visa Renewal Criteria.

Should I answer Yes here? Me and my wife would like to appear for the interview together.

Please advise.

[jhouston]

The answer would be 'yes' for you and 'no' for your wife.

[mraje]

Thanks a lot jhouston.

But under that case will we be able to appear for the interview together?

Thanks,

--Manik

[mraje]

The answer would be 'yes' for you and 'no' for your wife.

Thanks a lot jhouston.

But under that case will we be able to appear for the interview together?

Thanks,

--Manik

[ashukla]

@mraje- I would suggest you dont need stamping as of now as your visa is still valid, although for your wife you should answer that "No", as this is her first H4 stamping.

Even you have an approved extension then it does not require you to go for stamping unless you want to, I suggest if you are not a fulltime employee then definately you should avoid it.

Good luck

[ashukla]

No she can appear for interview alone , if you are not willing to go for stamping.

[mraje]

@mraje- I would suggest you dont need stamping as of now as your visa is still valid, although for your wife you should answer that "No", as this is her first H4 stamping.

Even you have an approved extension then it does not require you to go for stamping unless you want to, I suggest if you are not a fulltime employee then definately you should avoid it.

Good luck

@ashukla Thanks a lot for the suggestion, it makes lot of sense to avoid.

I have couple of doubts regarding sending my sife alone for the interview and I really appriciate your advice in this regards. details below

I hold valid H1-B VISA which currently stammped, I have a petition I-797 for current VISA which is valid till SEPT 2012.I recently applied for an extension and got it approved and received a new I-797 valid from SEPT 2012 to DEC 2014 for the same employer.

I got married this year and now I am planning apply for H4 visa for my wife. But I have few doubts, any advise in this regards is really appriciated.

1. Should my wife need to carry both I-797s?

2. Which I-797 do should mention under DS-160/Visa appointment with VFS?

3. How will it affect my wife's I-94 dates?

4. which petition number will be mentioned in her H4 stamp?

[ashukla]

@ashukla Thanks a lot for the suggestion, it makes lot of sense to avoid.

I have couple of doubts regarding sending my sife alone for the interview and I really appriciate your advice in this regards. details below

I hold valid H1-B VISA which currently stammped, I have a petition I-797 for current VISA which is valid till SEPT 2012.I recently applied for an extension and got it approved and received a new I-797 valid from SEPT 2012 to DEC 2014 for the same employer.

I got married this year and now I am planning apply for H4 visa for my wife. But I have few doubts, any advise in this regards is really appriciated.

1. Should my wife need to carry both I-797s?

2. Which I-797 do should mention under DS-160/Visa appointment with VFS?

3. How will it affect my wife's I-94 dates?

4. which petition number will be mentioned in her H4 stamp?

1. Its good to have both of them, but not required.

2. Use the approved extension till Dec 2014, because visa end will be the same as your petition.

3. Not really becuase her visa will be valid based on the date of your petition expiration, so this will not be a trouble.

4. New approved extension.

[mraje]

OK guys here is an update,

Me and my wife both appeared for our VISA interview and fortunately both of us got thru.

Since mine was a VISA renewal case and her's was a regular (fresh) H4 VISA, we could not club the appointments together but appeared for the interview seperately.

I had a valid H1-B VISA (stammped) with a petition I-797 for current VISA which is valid till SEPT 2012. I recently applied for an extension and got it approved and received a new I-797 valid from SEPT 2012 to DEC 2014 for the same employer.

1. In DS-160 for my wife I mentioned my existing petition which is valid till SEPT 2012.

2. My wife carried both the petitions and presented it to the interviewer.

3. My wife got her VISA stampped valid until Dec 2014.

4. My wife got her I-94 dated until Dec 2014 at the port of entry.

Hope this helps somebody in the same boat I was.

[gotochirag]

I'm in similar boat.

My H1-B visa is expiring in Sept 2012 and my I-797 is valid through Sept 2013. I'm planning to take visa appointment in Sept 2012 with my wife for her H4 (i.e. we will appear for the interview together)

I'm eligible for visa renewal but not my wife since she will be getting stamped first time. Which means, for the question "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?", answer for me would be YES but NO for my wife.

My questions

1 When taking the appointment for both, is there an option to select different answer to above question? I'm waiting on interview dates to become available but would like to be prepared for it.

2. Is there any harm if I select "NO" as answer to this question for both? From what I learn, selecting "NO" will only make them scrutinize your case as opposed to glancing (for renewal).

3. For question, "Are you...", answer for me is "an Indian citizen resident in the US" but for my wife, the answer is "a resident of India". What option should be selected when scheduling both interviews together?

I want both of us to appear for the interview together. What is the solution in this case?

Any help would be appreciated. Thanks in advance.

[mraje]

I'm in similar boat.

My H1-B visa is expiring in Sept 2012 and my I-797 is valid through Sept 2013. I'm planning to take visa appointment in Sept 2012 with my wife for her H4 (i.e. we will appear for the interview together)

I'm eligible for visa renewal but not my wife since she will be getting stamped first time. Which means, for the question "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?", answer for me would be YES but NO for my wife.

My questions

1 When taking the appointment for both, is there an option to select different answer to above question? I'm waiting on interview dates to become available but would like to be prepared for it.

2. Is there any harm if I select "NO" as answer to this question for both? From what I learn, selecting "NO" will only make them scrutinize your case as opposed to glancing (for renewal).

3. For question, "Are you...", answer for me is "an Indian citizen resident in the US" but for my wife, the answer is "a resident of India". What option should be selected when scheduling both interviews together?

I want both of us to appear for the interview together. What is the solution in this case?

Any help would be appreciated. Thanks in advance.

@gotochirag

You said your's is a renewal case and your wife is appyling for a fresh VISA under that case per my knowledge and information I got from VFS Mumbai help desk is that "you cannot club appoinments unless applying under same category that is you both cannot appear for the interview together"

Only way you can appear for the interview together is answering No to ""Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?" for you which in my opinion is not a good idea and risky.

I was told by Mumbai consulate that I can answer No to the above question and we both can appear together but I thought it would be risky so we appeared for the interview individually and luckily both of us got thru.

[Moreover to apply together you should NOT take two different appoinments rather you will be given an opportunity to add spouse while taking your appoiment.]

Note: This was the case with VFS Mumbai, if you are applying to another VFS location you may want to check with them.

Hope this helps.

Wish you good luck with your trip and interview.

[gotochirag]

It helps. Thanks for the reply!