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.

[SameerH1Bworker]

Why do you want to go for stamping as you've visa valid till SEP 2012? You can come back without stamping as you've valid visa stamp & at POE show your new I-797, so, you'll get I-94 based on newly approved I-797. Thats simple, you can ask your wife to go for H4 stamping.

[mraje]

Why do you want to go for stamping as you've visa valid till SEP 2012? You can come back without stamping as you've valid visa stamp & at POE show your new I-797, so, you'll get I-94 based on newly approved I-797. Thats simple, you can ask your wife to go for H4 stamping.

Thanks a lot Sameer.

But under that case for my wife which I-797 should I use , the earlier one with current VISA or newly approved I-797.

how will affect my wife's I-94 dates.

Thanks in advance,

--Manik

[mraje]

Thanks a lot Sameer.

But under that case for my wife which I-797 should I use , the earlier one with current VISA or newly approved I-797.

how will affect my wife's I-94 dates.

Thanks in advance,

--Manik

[mraje]

Why do you want to go for stamping as you've visa valid till SEP 2012? You can come back without stamping as you've valid visa stamp & at POE show your new I-797, so, you'll get I-94 based on newly approved I-797. Thats simple, you can ask your wife to go for H4 stamping.

@Sameer: Thanks a lot for the feedback

As per your advice, it makes a lot of sense to skip my interview, but I have couple of doubts in terms of sending my wife for an interview alone. Any advice in this reagrds is really appriciated. 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?

Please advise.

[wiweq]

Thanks a lot Sameer.

But under that case for my wife which I-797 should I use , the earlier one with current VISA or newly approved I-797.

how will affect my wife's I-94 dates.

Thanks in advance,

--Manik

=>

You need to understand difference between I797 and visa. Visa is merely a document which lets you in USA, that’s it , it’s job is done; doesn’t matter if it’s expired during your stay in USA. After entering in USA, your I797 starts working to support your H1b stay. Once H1b is gone, I797 has no use even if I94 attached with this I797 has the date after 3 years.

Now coming back your case, your wife needs to take your current I797 which is going to support her H4 in upcoming stay in USA. No problem is carrying your previous I797 too.

I again want to make sure, present any document to VO only when it's "ASKED". Rather than giving all redundant documents to him/ her better to listen him/her carefully what she/he wants.

Her I 94 date at POE will be decided by your I94 date.

[SameerH1Bworker]

It seems you're in same situation I was in 3 years back. See below my answers

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

- Latest I-797

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

- Always Latest as it is currently valid & has longer time of validity dates as well

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

- Based on your Latest I-797 dates, your wife will gate visa expiry date.

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

- Latest if you've shown latest I-797 then.

[SameerH1Bworker]

Sorry I missed " new I-797 valid from SEPT 2012 to DEC 2014 for the same employer.". In this case better to bring both I-797 in the interview.

[mraje]

Updates,

Me and my wife both appeared for the interview and got thru.

Since mine was a VISA renewal case and my wife was applying for a regular (fresh) H4, we could not club our appointments together, we appeared for the interview seperately instead.

Answers to my own questions in the original post.

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

Ans: YES

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

Ans: I mentioned my existing I-797 which is valid until SEPT 2012.

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

Ans: At the port of entry my wife got her I-94 valid until DEC 2014

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

Ans: Both the petition numbers

Hope this helps sombody.

[mraje]

Updates,

Me and my wife both appeared for the interview and got thru.

Since mine was a VISA renewal case and my wife was applying for a regular (fresh) H4, we could not club our appointments together, we appeared for the interview seperately instead.

Answers to my own questions in the original post.

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

Ans: YES

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

Ans: I mentioned my existing I-797 which is valid until SEPT 2012.

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

Ans: At the port of entry my wife got her I-94 valid until DEC 2014

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

Ans: Both the petition numbers

Hope this helps sombody.