Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
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Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks for your advise.
Do I need to get a new visa stamp for my passport?
If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.
If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).
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The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Which specialization did you do in masters (assuming you have done masters on F1)
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Your new I-94 should have your your old I-94 number. Same applies to your daughter. Her new i94 should have same number as her old i94.
Thanks a lot for reply.
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- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
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Anyone can give some input on this ?
I have approved H1b renewal and my wife went to India and got h4 visa based on my approval, I have not stamped yet,
since my wife already got the visa stamped, do you think I need to verify for PIMS ?
or it should have been already verified .
How do you verify for PIMS ? I am guessing you are saying that you plan to verify it before going for stamping. I am looking for an answer on how to verify PIMS on your own before going for stamping