H1 B Stamping more than 1 year of renewal

[pradipta_deb]

Hi,
I am presently confused with the below clause and would require your help in clarification during my H1B Visa stamping.

Clause:
========
Visa renewal appointments are available to visa applicants who:
1) Have a U.S. visa that has expired less than 12 months ago.

The following applicants do NOT qualify for appointments in the visa renewal category:
2) Applicants who have a U.S. visa that expired more than 12 months ago.

My Case:
Presently I am in USA and had a H1B visa with expiry date in Sept 2006 and henceforth my H1B visa was renewed and presently my H1B visa is valid till Sept 2009.
I should be there in India for a visit in Mid January 2008. Which means that I am travelling to India more than 1 year after my old H1B visa was expired.


Question:
==========
1) What does the above clause mean to me? Do I qualify for stamping appointment as my present visa is not stamped for more than 12 months after H1B renual.

2) Which radio button (yes or no) I choose in the application (www.vfs-usa.co.in) for the below question

Are you applying for same visa class that expired in the last 12 months?*

Thanks & Regards

[sreeanne]

I dont understand one thing.

You said you have valid visa till Sept 2009 and you want to go india in January 2008. What is the problem here.

[ganip]

My visa expired in 2004 itself but i never had it stamped again as i was in USA all the time using the approved I 797 does that mean we can't go to India or other US counsulate to get our H1B visa stamped again as its past 1 year???

[wandmaker]

SREEANNE: PRADIPTA_DEB has I797 approval notice with I-94, he would like to go for stamping when he visits India

PRADIPTA_DEB

Visa Renewal Criteria: In my opinion, it is mainly used for appointment allocation. Consulate wants to collect this before or after 12 months information - In case, if they want to refer your previous visa application, they can do only if you had applied with in 12 months. After 12 months, consulate destroys your earlier visa file. If you look at 485 field adjudication manual, G325A has a consulate copy - this will be sent to consulate, when you 485 receipt date is within 12 months of last visa issuance date.

[pradipta_deb]

Thanks wandmaker.
Now any idea which radio button I have to select for the below question (yes or no)

Are you applying for same visa class that expired in the last 12 months?*

[wandmaker]

Originally Posted by pradipta_deb

Are you applying for same visa class that expired in the last 12 months?*

I think, it will be a YES - Anyone, share your opinion or experience?

[hpandey]

Originally Posted by pradipta_deb

Thanks wandmaker.
Now any idea which radio button I have to select for the below question (yes or no)

Are you applying for same visa class that expired in the last 12 months?*

You will have to select NO since your visa expired long before the past 12 months. There is no problem in getting the stamping done since you were in status all the time and you have a current I-797 H1 approval paper with you.

[insbaby]

Originally Posted by wandmaker

Visa Renewal Criteria: In my opinion, it is mainly used for appointment allocation. Consulate wants to collect this before or after 12 months information - In case, if they want to refer your previous visa application, they can do only if you had applied with in 12 months. After 12 months, consulate destroys your earlier visa file. If you look at 485 field adjudication manual, G325A has a consulate copy - this will be sent to consulate, when you 485 receipt date is within 12 months of last visa issuance date.

Nope. If your visa expired within the last 12 months, then most probably you are in the safe zone either working/worked in USA or just came back from USA. So it is easier to take a decision on your case, you get priority appointment. If your visa expired before 12 months, they may want to look at your file closely on what you have done between your last visa expiry and today and you will be in regular queue.

Dude, never think consulates destroy your data. They have your history all time in their system.

[wandmaker]

Originally Posted by insbaby

Dude, never think consulates destroy your data. They have your history all time in their system.

Correct, they might be mining the data somewhere.