Visa Stamp Renewal

[returntoindia]

Dear Friends,

I came to US in a F1 visa and have been working under H1B since 2009. I went for my stamping during my first trip to India in 2011 and got held up for two months (221g). After clearing all the inquiries, I got my visa stamp issued with an expiry date of September 2013. I returned to US and in 2012 changed my employer who had applied for visa extension while transferring myh1. Long story short - My I797 now expires in September 2015 but my visa stamped in my passport expires in September 2013.

I am planning to head to India in June for my wedding and I will be applying for my wife's H4 while i am there. Coming to my questions:

1. Should I go to the consulate to get my new visa stamping? I prefer avoiding the process since I fear getting stuck again in 221g.

2. If I dont go for the visa stamping, will it be a issue for my wife's H4 since my stamp is expiring in September 2013?

3. When I return to US without getting my visa stamp renewed but with my new I-797, will I be held up at the port of entry?

Your feedback and advice on my queries will be highly appreciated.

Thanks in advance.

[yatish]

Dear Returntoindia

My friend had a similar situation In 2012 when he went to India to get married

He transferred his employer and his visa was valid till end of 2012 .His wife got the visa stamped and they recently celebrated their 1st anniversary :-)

There is no need to for you to go for stamping as long as your visa is valid .

Just to be sure consult your HR department or an immigration attorney.

[shiva64]

-Should I go to the consulate to get my new visa stamping? I prefer avoiding the process since I fear getting stuck again in 221g.--No need of going to Consulate if you return to USA Before September. Better to Avoid if you don't want to go..

--When I return to US without getting my visa stamp renewed but with my new I-797, will I be held up at the port of entry?--It will not be a problem as long as you enter USA befor Visa Expiry. Carru New I-797 and show at port of Entry

--If I dont go for the visa stamping, will it be a issue for my wife's H4 since my stamp is expiring in September 2013?

You wife will get Visa. Np. in another case you can come to USA and ask her to go for Visa when you are in USA with new I79t