How early can I get H1b extension approval stamped


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Some background: My current H1b is valid till 25th Jan 2015. My company plans to apply for extension under premium processing some time in October 2014.

Question: After I have the new extension approval, can I go get it stamped (the new extension approval) as early as November 2014 or early December 2014? I assume the extension approval will start 26th Jan 2015 up to 25th Jan 2018.  

More importantly, is there any rule as to how early one can get an h1b extension stamped, like there is one for applying for an H1b extension can be done as early as 6 months before expiry. 

Any suggestions/opinions appreciated.

 

Thanks.....

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Some background: My current H1b is valid till 25th Jan 2015. My company plans to apply for extension under premium processing some time in October 2014.

Question: After I have the new extension approval, can I go get it stamped (the new extension approval) as early as November 2014 or early December 2014? I assume the extension approval will start 26th Jan 2015 up to 25th Jan 2018.  

More importantly, is there any rule as to how early one can get an h1b extension stamped, like there is one for applying for an H1b extension can be done as early as 6 months before expiry. 

Any suggestions/opinions appreciated.

 

Thanks.....

As far as I know, you may appear for visa interview with in 90 days before your H1 visa start date, but, you may enter USA not more than 10 days before your H1 visa start date. i.e. if your renewed H1 B is starting on 26th Jan 2015, then you may appear for visa interview after Nov 29th. If approved you may enter USA after Jan 16th on new visa.

This may not be accurate. Please get advice from your attorney.

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As far as I know, you may appear for visa interview with in 90 days before your H1 visa start date, but, you may enter USA not more than 10 days before your H1 visa start date. i.e. if your renewed H1 B is starting on 26th Jan 2015, then you may appear for visa interview after Nov 29th. If approved you may enter USA after Jan 16th on new visa.

This may not be accurate. Please get advice from your attorney.

Thanks for your input Karthikreddy6. 

I think you meant Oct 29th (90days)... not Nov 29th. As far as I know, I think the 10 day rule is for new H1b's, not for renewal... but need to confirm.  

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In general, Within the 90 days of H1B start date for fresh applicants.

But as you will be a renewal, show both H1Bs to VO, You will get visa till end of 2018

Thanks for your input.

Does the 90 days apply for renewal cases as well? And if I get it stamped earlier, like 60 days before start of renewal, what date would the visa stamp be valid from? From the day it is stamped? Or the date the renewed H1b starts (in my case 26th Jan 2015)?  My current H1b is not stamped, as I did not go out of the country during this period. So I do not have a valid visa for re-entry. 

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not before 90 days of start date of h1b. here your start date will be 26th jan 2015 so you can go no before 26oct 2014 and anytime after 26 oct 2014..... hope this helps 

Thanks nik125.

One more question: If I go for stamping within the last 90 days, say sometime in November, the visa stamp issued would be valid from the day of stamping to end of renewal petition? Or start date (26th Jan 2015) to end date or renewal petition? Since I do not have valid visa for re-entry right now, if the new visa stamp starts from 26th Jan 2015, I will not be able to re-enter before that.  Thanks in advance.......

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Once you got your H1 extension approved, those dates (eg Oct 15- Oct 18) will be effective immediately and your old H1 dates are not valid any more.

 

There are nor such rules for H1 stamping. If you have valid I-797, you can go for stamping. 

Thanks psr3458.

I think when the H1b renewal is filed, the dates that appear on 1-797 are generally dates that are asked for by the company. And mostly the company will ask for the start date one day after the previous petition end date. Please correct me if I am wrong.

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  • 4 months later...
  • 3 years later...

Hi, has anyone got the visa stamping done for extension (4 months in advance)?

Current H1-B stamp was obtained in Vancouver, Canada and is valid until July 5, 2018. My company applied for H1 B renewal via premium processing and received new I 797 which has dates from July 6, 2018 - 2021.

I'm planning to travel to India on March 1, 2018, can I appear for interview and get the H1 B stamp for new I 797 (renewal)? 

US travel doc website mentions that for new employment, we cannot apply for visa more than 90 days in advance but my scenario is for renewal with the same company. 

Going through lot of forums mentions it's ok get it done 4 months in advance if travelling to home country but looking if anyone has personal experiences. 

If it's ok to go for stamping, will my current stamp is cancelled and provide a new stamp from Mar 1, 2018 - July 2021? Is that possible?

 

Thanks!

 

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  • 1 month later...
  • 3 months later...
On 4/7/2018 at 1:03 PM, s1112 said:

Just want to provide an update that I went for stamping in India and it went smoothly. Current H1B stamp is cancelled, issued new stamp for new I-797 until July 2021 and added an annotation for current I-797 at the bottom. Thanks!

Hi ,

Did you get stamping in March or April?,

Just to want to know, the stamping done , before 90 days of current visa expiry.

 

I am planning to go for stamping in 06-Aug, my current visa expires on 02-Dec-2018, new petition start date 02-Dec-2018 to 19-Sep-2021.

Its is 120 days , before current visa expiry or new petition start date.

 

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  • 1 year later...
On 7/20/2018 at 2:01 AM, Siri75 said:

Hi ,

Did you get stamping in March or April?,

Just to want to know, the stamping done , before 90 days of current visa expiry.

 

I am planning to go for stamping in 06-Aug, my current visa expires on 02-Dec-2018, new petition start date 02-Dec-2018 to 19-Sep-2021.

Its is 120 days , before current visa expiry or new petition start date.

 

Hi,

Did you go for stamping before 90days of current visa expiry? Can you please let me know how did it go. I am currently in the same boat, planning on going for stamping in march, 2020 for a new petition that starts in july.

Please let me know.

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