apurvasheth Posted August 5, 2013 Report Share Posted August 5, 2013 H1B stamping on passport expired in 2011. I797 valid up to April 2014. Can apply for H1B extension on or after Oct 24 2013. Leaving for India on Oct 9 2013 for work and then extending my stay for family because haven't visited them in 3 years. Have to appear for interview for stamping. If employer applies for extension after I return back to USA my visa stamping will only be up to April 2014 (current 797 validity). If employer applies for extension in Oct 2013 when I am in India then as per I-129 they have to select consular processing option because I will be outside of USA at the time of application. If they do consular processing... A. Is it a risky thing to do? How so? B. If applied in premium processing then when will I be able to appear for an interview? How many days it takes for the consulate to get records? I am not 100% clear on this process. I am inclined for consular processing because of two reasons: 1. My new stamping will be up to 2017 which I assume will be the validity of the 797. 2. I think its risky to go apply for via up to 2014 (under current 797) and then enter USA with just few months remaining on visa. Possible POE issues maybe. Link to comment
jairichi Posted August 5, 2013 Report Share Posted August 5, 2013 If they do consular processing... A. Is it a risky thing to do? How so? Not at all. If your and company's credentials are good there is nothing to worry. B. If applied in premium processing then when will I be able to appear for an interview? How many days it takes for the consulate to get records? PP would be good. It takes 15 days for USCIS to take a decision. And, if your employer could FedEx the documents it will be quick I am not 100% clear on this process. I am inclined for consular processing because of two reasons: 1. My new stamping will be up to 2017 which I assume will be the validity of the 797. 2. I think its risky to go apply for via up to 2014 (under current 797) and then enter USA with just few months remaining on visa. Possible POE issues maybe. Link to comment
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