Stamping PAI date has come in the last month when H1B Petition approval ends (not in US)

Hi,

Have got H1B Petition approval from Nov 1, 2015 till Sept 30,2016. Now my Company has initiated for my H1B Visa Stamping this month (June 2016).

Since no slots avaialble with US Consulates (all locations in India), The PAI date is given as Sept 15 & 16 of 2016 (About to go). Does it work for me since the approval end date is very close.

But I heard it does not work and it will be rejected by US Consulate. Is it true?

There must be some procedure to complete the stamping for now and let me apply for extension from Offshore(India). If any such kindly let me know of what needs to be done.

Please let me know the case.

Thank you,

Kiran

Hi Kiran,

For which consulate are u going?? when did u book your slot?

It maybe a better idea to get the petition extended first and then appear for stamping. Even if approved, it would take a week to receive the passport.

Does your employer think that you will be ready to travel b/w Sep 20 and Sep 30?

Does your employer plan to file for extension soon after you land in US prior to Sep 30?

Hi,

Am going to US Consulate in Chennai. My internal travel team is saying it may not be possible that US Consulate would let the stamping process to get completed and instead I have to apply for H1B outside CAP.

I believe there must be some provision to apply for extension either after the stamping process(like people who have been in US would do in such cases).

My employer has no oppurtunity to let me travel to US before the approval end date (Sep 30,2016).

If I have to go via H1B outside CAP I need to wait for 6 months to get approval again. And then only I can go for Stamping which is a far delay.

Please suggest a best approach in place to get the Stamping and extension go in this case.

Thank you,

Kiran.

Hi,

Am going to US Consulate in Chennai. My internal travel team is saying it may not be possible that US Consulate would let the stamping process to get completed and instead I have to apply for H1B outside CAP.

I believe there must be some provision to apply for extension either after the stamping process(like people who have been in US would do in such cases).

My employer has no oppurtunity to let me travel to US before the approval end date (Sep 30,2016).

If I have to go via H1B outside CAP I need to wait for 6 months to get approval again. And then only I can go for Stamping which is a far delay.

Please suggest a best approach in place to get the Stamping and extension go in this case.

Thank you,

Kiran.

What is H-1B outside CAP that your immigration team is saying? Is it cap-exempt H-1 petition or H-1 cap-subject H-1 petition?

Hi Saurabh,

Its outside CAP that does not require any H1b lottery but need to apply for H1b. This is what they told me.

Thank you,

Kiran

Your employer is referring to cap-exempt petition, which is same as what I suggested in my original response.

Does the project mentioned in your I-129 and LCA require you to work for them before your petition expires? If not, there is no point of getting visa stamped now. Get the petition extended first, then appear for stamping through a project which has requirement.

Hi Saurabh,

Yes currently there is no work requirement to travel US before petition expires. Is there any alternate way to complete the Stamping before expiry(Sep 30) since I got the PAI interview date as Sep 15 & 16 and then apply for an extension.

Kindly confirm.

Many Thanks,

Kiran

The PAI dates are given by US Consulate itself and not sure of why they have not considered the petiiton approval end date.

I believe there must be some option to go with Stamping before expiry and then apply for extension.

Thank you,

Kiran

The stamping is issued only until petition expiration date. So even if you get the visa stamped, it would expire along w/ petition. When the petition is extended, you will have to get a new stamping done.

As you don’t have any need to travel to US before petition expiration date, what purpose does this stamping solve? It would be waste of money as you will never use that visa stamp to travel and would have to rely on petition extension to get a new visa stamp.

When giving PAI dates, they don’t care about existing petition. It is a common pool of dates for all H-1 applicants.

Hi Saurabh,

Make sense and it is clear to go with H1B outside CAP. Once the petition is approved again then would go for Stamping since no urgency.

Thanks a lot for your clarifying me.

Kiran