Got h1b stamp for 5 years, Do you see any problem?

[dkumar]

Hi guys,

 

I had interview on Sep 19th at vancouver and it got approved, i got my passport back today, but in stamp they approved for 5 years (that means expiration date is in 2018) even though my h1b petition (797) is getting expired in july next year.

 

in my stamp they mentioned start date in Sep 2013 to sep 2018, however in Annotation part they have mentioned "PED 12 July 2014" (this is my 797 expiration date)

 

I told this scenario to my attorny and they are saying this an error and i should go back to consulate and fix the visa stamp.

 

below are my questions -

 

1. Is it really an error?

2. Should i go back to consulate and inform them? (i have fear that if i will go back with this issue then they will put my case in administrative processing and i will be stuck for months in canada)

3. Do you think i will get any problem while entering in USA?

 

 

Please give me you advice if you have had heard anything like this before.

 

 

Thanks,

 

[kumar_y]

I-94 is your status when you are on H-1b. I believe consulate made the mistake of giving 5 yrs.. Try to contact consulate once (which you attended the interview) for better understanding. Just to make sure that you don't have any problems ....

[dkumar]

@kumar_y

 

i do not know how to contact the consulate,, can i just walk in? i have been trying to call them but there is no way to talk with them. i have fear that if i will go there and give my passport back to them then my case will go in admin process and will be stuck for 2 to 3 months in canada

[jairichi]

Hi guys,

 

I had interview on Sep 19th at vancouver and it got approved, i got my passport back today, but in stamp they approved for 5 years (that means expiration date is in 2018) even though my h1b petition (797) is getting expired in july next year.

 

in my stamp they mentioned start date in Sep 2013 to sep 2018, however in Annotation part they have mentioned "PED 12 July 2014" (this is my 797 expiration date)

 

I told this scenario to my attorny and they are saying this an error and i should go back to consulate and fix the visa stamp.

 

below are my questions -

 

1. Is it really an error?

2. Should i go back to consulate and inform them? (i have fear that if i will go back with this issue then they will put my case in administrative processing and i will be stuck for months in canada)

3. Do you think i will get any problem while entering in USA?

 

 

Please give me you advice if you have had heard anything like this before.

 

 

Thanks,

There is nothing to worry and no need to contact consulate. Your stay in US is based on validity date in I94. If you want to be 100% sure contact an immigration attorney at Murthy law firm.

[kumar_y]

The reason I mention about the contacting consulate is to be safe side ( You can send them email by reaching customer care).. I repeat myself again there is nothing wrong with your status as long as you have valid I-94. I don't think so walk-in will be good idea unless consulate have ask to come in person. 
 
I agree with @ jairichi contacting Immigration attorney will be right way to go... 

[amigos9]

You do not face any problems if you go in person to the consulate. They will cancel your visa like CWP and they issue a new VISA.

 

Regarding problems:

 

If you travel with current stamping yes some times they will ask  questions why didn't you inform to consulate.it will be a big headache.

 

go consulate and explain the situation definitely they will take necessary action by issuing a new visa.

 

You wont get any 221(g) regarding this situation.

[dkumar]

I went back to Consulate , explain them everything and they canceled my first visa and gave me another stamp within 10 mins.

 

Thanks everyone

[jairichi]

I went back to Consulate , explain them everything and they canceled my first visa and gave me another stamp within 10 mins.

 

Thanks everyone

Good to know. Thanks for updating your experience.

[kumar_y]

@dkumar thanks for sharing the information