H1B extension stamping

[shalini_maria]

Our current scenario

a. I am in the US on a H1B visa and my spouse and kid are here on H4 visas. We have been here for the

past two years.

b. Our US visa stamps on the passport expired on the 30th Jul 2012 .

c. I changed employers and we have our AP I-747 and I-94 valid till May 2014.

d. None of us have the new data stamped on our passports.

e. I also have a B1/B2 10 year multiple entry visa (validity May 2015) , on which I have travelled a couple

of times before I got my H1B done.

Clarifications :

1, We plan on visiting India, for some reason if my H1B stamping on my passport gets rejected, can I

travel to the US on my B1/B2

2. If wife and kid to visit India and I do not

Can their H4 visas be stamped without the H1B holders passport being stamped. Any risk involved

if the H1b holders is not present for the stamping.

3. Since our US visa on the passport has expired, do we need a transit visa if we fly through Germary. (

just change of flights, not getting out of the airport ).

[rajMarch212011]

Our current scenario

a. I am in the US on a H1B visa and my spouse and kid are here on H4 visas. We have been here for the

past two years.

b. Our US visa stamps on the passport expired on the 30th Jul 2012 .

c. I changed employers and we have our AP I-747 and I-94 valid till May 2014.

d. None of us have the new data stamped on our passports.

e. I also have a B1/B2 10 year multiple entry visa (validity May 2015) , on which I have travelled a couple

of times before I got my H1B done.

Clarifications :

1, We plan on visiting India, for some reason if my H1B stamping on my passport gets rejected, can I

travel to the US on my B1/B2

2. If wife and kid to visit India and I do not

Can their H4 visas be stamped without the H1B holders passport being stamped. Any risk involved

if the H1b holders is not present for the stamping.

3. Since our US visa on the passport has expired, do we need a transit visa if we fly through Germary. (

just change of flights, not getting out of the airport ).

Hi Shalini,

As per my ubderstanding:

1. When you go for stamping for any visa generally the consulate would mark all other visas for that country as CWP (Cancelled without prejudice). Also H1B is a dual intent visa (you don't have to prove that you will return to india) while B1/B2 needs strong ties with homeland. So it is very rare to have both visas. So most probably when you go for stamping for H1B your B1/B2 would get cancelled. If it doesn't gets cancelled I am not sure if it is legally okay to travel when you are not working with your B1/B2 employer anymore. If your current employer got your B1/B2 then it should be fine.

2. Yes, i think, they can be stamped as long as primary H1B applicant is in legal status. Primary applicant's passport need not be stamped for H4 stamping.

3.No you don't need a transit visa if you have confirmed tickets to India AND a valid US visa (B1/B2). As long as you are not travelling within or entering the Schengen reason. Please check this link and you can check your visa requirements by building up a whole route using "add another country" button.

Thanks,

Rajat

[dsp236]

1, We plan on visiting India, for some reason if my H1B stamping on my passport gets rejected, can I

travel to the US on my B1/B2

- Your B1/B2 is automatically cancelled when you apply for H1B.

- In case you travel on B1 after your H1B is rejected you cannot work in USA.

2. If wife and kid to visit India and I do not

Can their H4 visas be stamped without the H1B holders passport being stamped. Any risk involved

if the H1b holders is not present for the stamping.

- There is risk involved because in their database the H1B is not issued(stamped) ..... they might not issue (stamp) H4.

- My 2 friends were in same situation & US consulate didn't stamped H4 until H1B was stamped.

3. Since our US visa on the passport has expired, do we need a transit visa if we fly through Germary. (

just change of flights, not getting out of the airport ).

- You don't need any visa for transit through airport.

[rajMarch212011]

3.No you don't need a transit visa if you have confirmed tickets to India AND a valid US visa (B1/B2). As long as you are not travelling within or entering the Schengen reason. Please check this link and you can check your visa requirements by building up a whole route using "add another country" button.

The hyperlink did not work apparently so here is the web link to check your en-route visa requirements while traveling -

http://***********************