H1B revalidation in Home country - 60 day of current visa expiry rule applies?
 

I read on DOS website http://travel.state.gov/hlop.html that if
current visa (H1B) is valid for more than 60 days when I apply for the
visa revalidation (with H1B extension approval - new I797), it would be refused?
Does the same apply to US Embassy of my home country (India)? In my
case it would be 70 days before current visa expires, when I apply in India.
Can the US Embassy in India issue me a new h1b visa stamp?

Can they issue a new H4 based on the new visa if I get married before applying?

Appreciate your help.
-Dipendu

Re: H1B revalidation in Home country - 60 day of current visa expiry rule applies?
 

On Wed, 01 Oct 2003 08:52:35 -0700, pendu wrote:

    > I read on DOS website http://travel.state.gov/hlop.html that if current
    > visa (H1B) is valid for more than 60 days when I apply for the visa
    > revalidation (with H1B extension approval - new I797), it would be
    > refused? Does the same apply to US Embassy of my home country (India)?
    > In my case it would be 70 days before current visa expires, when I apply
    > in India. Can the US Embassy in India issue me a new h1b visa stamp?

US consulates have considerably more discretion in such cases.

    > Can they issue a new H4 based on the new visa if I get married before
    > applying?

Yes (in India - not in St. Louis, though). My recommendation is that you
send both passports and visa applications together in the same envelope.
Of course, you will need your marriage certificate.

--
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Re: H1B revalidation in Home country - 60 day of current visa expiry rule applies?
 

I too have a similar situation. My passport still bears my old
employers VISA stamping which is valid will feb-2004 and Im working
under a new employer starting early 2003. I have my I-797 approved.
Having roughly around 3 months time for the VISA stamp expiration, do
I need to get my VISA stamp revalidated? or I can sure use the
existing one to re-entry US along the later I-797? Im confused. W'd
appreciate if someone cld share their experiance.

thanks 'n have a great day, ---sen.



Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
    > On Wed, 01 Oct 2003 08:52:35 -0700, pendu wrote:
    >
    > > I read on DOS website http://travel.state.gov/hlop.html that if current
    > > visa (H1B) is valid for more than 60 days when I apply for the visa
    > > revalidation (with H1B extension approval - new I797), it would be
    > > refused? Does the same apply to US Embassy of my home country (India)?
    > > In my case it would be 70 days before current visa expires, when I apply
    > > in India. Can the US Embassy in India issue me a new h1b visa stamp?
    >
    > US consulates have considerably more discretion in such cases.
    >
    > > Can they issue a new H4 based on the new visa if I get married before
    > > applying?
    >
    > Yes (in India - not in St. Louis, though). My recommendation is that you
    > send both passports and visa applications together in the same envelope.
    > Of course, you will need your marriage certificate.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Now with new photos! Please feel free to enjoy some of my photographs at my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.

Re: H1B revalidation in Home country - 60 day of current visa expiry rule applies?
 

You can continue to use the old H-1B stamp together with the new I-797.

My recommendation is that you travel to your home country soon and apply
for a new visa while there still is plenty of time left on the old visa.
This way, even if the consulate decides you are subject to the security
check, you may be able to return to the USA (just by asking for the
passport back). The one catch: I have heard that in such cases, consulates
do cancel the old visa. Still, your odds of being able to return to the
USA are better with this strategy than with applying later.

On Mon, 13 Oct 2003 18:44:05 -0700, senthil wrote:

    > I too have a similar situation. My passport still bears my old employers
    > VISA stamping which is valid will feb-2004 and Im working under a new
    > employer starting early 2003. I have my I-797 approved. Having roughly
    > around 3 months time for the VISA stamp expiration, do I need to get my
    > VISA stamp revalidated? or I can sure use the existing one to re-entry
    > US along the later I-797? Im confused. W'd appreciate if someone cld
    > share their experiance.
    >
    > thanks 'n have a great day, ---sen.
    >
    >
    >
    > Ingo Pakleppa - see web site for email <[email protected]> wrote in message
    > news:<[email protected]>.. .
    >> On Wed, 01 Oct 2003 08:52:35 -0700, pendu wrote:
    >>
    >> > I read on DOS website http://travel.state.gov/hlop.html that if
    >> > current visa (H1B) is valid for more than 60 days when I apply for
    >> > the visa revalidation (with H1B extension approval - new I797), it
    >> > would be refused? Does the same apply to US Embassy of my home
    >> > country (India)? In my case it would be 70 days before current visa
    >> > expires, when I apply in India. Can the US Embassy in India issue me
    >> > a new h1b visa stamp?
    >>
    >> US consulates have considerably more discretion in such cases.
    >>
    >> > Can they issue a new H4 based on the new visa if I get married before
    >> > applying?
    >>
    >> Yes (in India - not in St. Louis, though). My recommendation is that
    >> you send both passports and visa applications together in the same
    >> envelope. Of course, you will need your marriage certificate.
    >>
    >> --
    >> Remember, I am strictly a layperson without any legal training. I
    >> encourage everybody to seek competent legal counsel rather than relying
    >> on usenet newsgroups.
    >>
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >>
    >> Please visit my new FAQ at http://www.kkeane.com (always under
    >> construction)
    >>
    >> My email address in usenet posts is now invalid for spam protection.
    >> See my Web site for information on how to contact me.
    >>
    >> Now with new photos! Please feel free to enjoy some of my photographs
    >> at my new Web site http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.