Can we go for H1B renewal stamping before the current H1 expires?

Question

Hello,

I have got some queries regarding the stamping of H1 extension. Thanks a lot to all who ever takes a minute in helping me.

We are planning to visit India in the end of Oct,08 but my husband's H1 expires by Oct,08. We have applied for the renewal and we are yet to recieve the approval. I have some questions regarding this.

1. Once we get the approval of his renewal can he attend the interview in a place near to US before Oct,08?

2. If his stamping gets reject can he come back to US and stay here as he still has a valid visa till Oct.

3. What are the places near to US where one can attend for H1B stamping.

Thank you so much !!

Satya

Answer 1

Yes, he can apply for a second H-1B visa. The date of expiration of the visa has nothing to do with how long you can stay in the U.S. It is the expiration date on the I-94 that tells you how long you can stay.

You will want to leave the U.S. before your I-94 expires. You can apply for a new visa in India.

It's possible to apply for a visa in Mexico or Canada, but if it is not issued, you run the risk of being refused entry back into the U.S. If your visa application is denied, and your first visa is expired, you will have no visa with which to return to the U.S.

If your visa application is denied, and they do not cancel the first visa, then you could return to the U.S. with the old visa.

Answer 2

1. Yes. 6 months prior your current visa expiration date, you can apply for new visa.

2. He can, but there is no guarantee of admission at the Port of Entry. If he gets admitted, he will get I-94 until his visa expiration date.

3. He can try either US Embassy in Canada or Mexico. There is chance that his visa stamping could be delayed. Or the worst, if his visa gets denied, he will be sent to India right away.

http://immigrationvoice.org/index.php