H1 B Visa Stamping: Need Help Regarding Which I797

[shiva64]

Hi Friends,

I got My First H1B Approved in 2012 and My H1 Stated from 10/01/2012. It was Approved only for 1 Year.Validity till 09/29/2013.

I Applied for a new H1B in May 2013 and got Approved for 3 Years. Valid from 09/30/2013 to 09/29/2016.

Now i am planning to go for H1B Visa Stamping in Canada.

Which I-797 should i use in My H1 B Visa Application.

How long i will get My Visa Approved.

If i use My latest I797 (Valid 09/30/13 tp 09/29/16), will i be able to renter US as my I797 has Valid from 09/30/13.

Will i get My Visa Approved from the date i go to Visa to 2016 ?

Please advice ..

Thank you

[IUhoosier]

Shiva,

I had a similar situation. I will tell you what I did after considering the options. Please check with the concerned authorities, as cases differ.

My current petition expires on, 1 Oct 2013 and my new petition valid for 3 years runs from 2 Oct 2013 and till 1 Oct 2016. On checking with VFS, I was asked to take an apt with the current I797, carry the new I797 and let the visa officer know of the extended approval. Then the decision is based on the consular rules and the visa officer’s discretion. In Chennai they will not give you a visa for a petition before 90 days from the petition approval date. In my case, visa based on new petition will be given only after ~July 2nd.

I went for the visa interview with the old petition, but was give a 221(g). I believe it’s due to CMN. The interview was quick and the officer mentioned that visa was approved. A lady at a different window collected my bio information and also kept a copy of the extended I797. I will know the validity of the stamping once they issue the visa..

All the best for you.

[dude258]

hi shiva,

similar question was asked by some other user (@Vkohil), here is my experience, you can find in my other post "PIMPS question"

My situation is also exactly same as you, I spoke with my company lawyer they said we need to use the latest one (i.e. H1b ext ). I am going to visa stamping on June 10th I will update you once i finish my visa.... after visa interview we need to make sure that VO is giving visa untill 2016 sep according to H1b ext I-797 copy as it is mentioned. and one more thing in visa stamp there is no start date.

If you have any questions please let me know.

Thanks

Srini

[shiva64]

Thank you IUhooser for the valuable information . Please post once you get your Passport back. As you mentioned i might consider booking a visa slot in July with latest I797.

Thank you dude258. Good luck with the interview. where are you going for interview ?.. Please post your Expierence .

i am planning to book a slot with the latest I797 in vancover.

As dude258 mentioned H1 B visa does not have a Start date and only it has a Exipry Date. I will try speaking with Attorney and decide.

Thank you

[prasadkl]

Hello Dude258 - Can you share your visa interview experience ? My situation is exactly same. I booked my appointment on June 27 and I didn't fill the DS 160 form.

 

My current H1B will be ending on Oct-2013 and I applied for new extension and it was approved for another year ie..until Oct-2014.

 

My question is: Which h1B information that we need to give in DS-160 (travel Information Section) form ?

 

 It would be really great if you share your experience.

 

Thanks in advance.

[IUhoosier]

I got my visa today after 12+ weeks of Admin processing (May to Aug). Received the ppt today but the validity is only for 2 months, till Oct 2013. I applied for the interview with a I797 valid till Oct 2013 even though I had an extended petition from Oct 2013 to 2016. (This is because I could use the new petition only 90 days prior to the start date. Did this after checking with the US Travel Docs (VFS) desk support and the company attorney)

 

I had mentioned this to the visa officer at the time of the interview and she also took a copy of my new petition. Unfortunately they gave me a stamping with the validity till Oct 2013 and returned the copy of the extended petition which I had handed over to them. So it is not like they did not know.