Re: H1B Extension

[kumar.mavurapu]

Hi ,

I have a question related to H1 Extension.

Right now I have my Visa Stamping till October and I have H1 approval till December 31st. So, Now i want to apply for H1 Extension and want to go to Mexico for stamping.

And my employer is saying that if I go for stamping lets say in october then he is saying that i can't enter back to US before December as the visa will be issued according to the new I797.

When i get new I-797 will be having starting date from December.

i am confused here. Can anyone please suggest something.

Thanks in Advance,

Kumar

[sanjivvinaik]

Not your mistake, your question itself is confusing or maybe I was not able to understand :)

Because as per my knowledge if you previously are on H1 and then file for extension and it is approved then the extension period starts from the ending date of earlier petition.

[kumar.mavurapu]

Sorry for the confusion Sanjivvinaik. Ok so Extension period starts from the ending date of earlier petition. And here my ending date of earlier period is December 31st and if i go for visa stamping in Mexico in October can i come back as my new extension period will be starting from either Dec 31st or january 1st. Please let me know if it isnot clear.

Thanks,

Kumar

[kumar.mavurapu]

Originally posted by sanjivvinaik:

Not your mistake, your question itself is confusing or maybe I was not able to understand :)

Because as per my knowledge if you previously are on H1 and then file for extension and it is approved then the extension period starts from the ending date of earlier petition.

Sorry for the Confusion Sanjivvinaik. Ok so Extension period starts from the ending date of earlier petition. And here my end period of earlier petition is December 31st so my new petition starts from December 31st. So if i go for stamping in October to Mexico can i come back to US because My employer is saying as according to New petition my start period will be from December 31st so i can't enter back to US till that period is that true.

Thanks,

Kumar

[sanjivvinaik]

If the old visa is valid, even if consulate stamp "Cancelled without Prejuidice" when you appear for the Interview for new visa stamping and the start date of new visa is in future you will be able to enter by stating the reason @ POE but if the earlier stamped visa ends in october and they stamp new visa starting from december then you canont enter in November.

[kumar.mavurapu]

Originally posted by sanjivvinaik:

If the old visa is valid, even if consulate stamp "Cancelled without Prejuidice" when you appear for the Interview for new visa stamping and the start date of new visa is in future you will be able to enter by stating the reason @ POE but if the earlier stamped visa ends in october and they stamp new visa starting from december then you canont enter in November.

Thanks for responding Sanjivvinaik.

[kumar.mavurapu]

Originally posted by sanjivvinaik:

If the old visa is valid, even if consulate stamp "Cancelled without Prejuidice" when you appear for the Interview for new visa stamping and the start date of new visa is in future you will be able to enter by stating the reason @ POE but if the earlier stamped visa ends in october and they stamp new visa starting from december then you canont enter in November.

Thanks Sanjivvinaik. By the time i get my approval my visa will expire so i might have to go in January then.

Regards,

Kumar