H1B visa stamping

[Sandy1221]

I need to go to india during May 3rd week and get my H1B stamping..My initial H1B is valid until September 2013 which means i have close to 4 months left in H1B.. Does it cause any problem??? Should i go for H1B extension premium processing and then go to india

[wiweq]

No problem.

[shekar11#]

Since you anyway have to go for stamping. Your best option is: Go for H1 B extension premium processing and then take that new I797 for stamping. It will give you almost 3+ years of stamping and you can be tension free. This way you will avoid going for stamping 2 times.

[Sandy1221]

My attorney was saying if i apply for my H1 Extension with a start date of May 2013 i will get only upto May 2016...Is that true??

(then i will be loosing close to 5 months)

[wiweq]

"(then i will be loosing close to 5 months) "

=> Whatever you miss the days of H1b status (like the days outside of USA) will be captured in the last extension.

[shekar11#]

My attorney was saying if i apply for my H1 Extension with a start date of May 2013 i will get only upto May 2016...Is that true?? (then i will be loosing close to 5 months)

No, your attorney is absolutely wrong. Your extension start date starts from the day your previous H1 expires, not whenever your H1 gets approved. If that was the case no one will apply before H1 expires thinking they will lose the H1 days.

[Sandy1221]

Thanks for your inputs, I applied for H1 Extension Under PP and got it approved (valid from September 2013 to September 2016)....

I read somewhere that u cannot apply for visa more than 90 days in advance beginning of employment status as noted on the form I-797.....Does that mean i cannot show new 797(as the new I-797 is valid only from September 2013 which is 4 months away from visa interview date)??