H1 stamping 7 dyas left

S

seatac

New Member
Hi,

Right now I am in India, my present h1b stamping will be expiring on 15th of this month(I got my new I-797).I have already booked my tickets to USA (10th July 2004 )my question is can I come back to USA with out any problems at POE?

Thanks everybody in advance....
 
i think u should talk to ur lawyer. U should be able to enter but dont forget to show the new I797 as ur I-94 will be issued based on ur I797. If u dont then u will get a I-94 which will be valid only for couple of days. So better check with ur lawyer first.
 
If you got your 797 while you were in the US, you should have got a new I-94 with that. So if the I-94 given at port-of-entry is based on old 797 (and hence for shorter duration), I would guess the new I-94 that came with your new 797 should keep you legally present. This is my GUESS.
 
seatac said:
Hi,

Right now I am in India, my present h1b stamping will be expiring on 15th of this month(I got my new I-797).I have already booked my tickets to USA (10th July 2004 )my question is can I come back to USA with out any problems at POE?

Thanks everybody in advance....
Click to expand...

Yes you can since you will be back before the stamp expires. Do varry the new I-797 with you. (u will have to submit both new,the one with new I-797, and old, the original expired, when leaving the country. Also carry a current employment letter and a few paystubs, (not compulsory but precautionary).

Make sure to show ur new I-797 at the port of entry, as the new I-94 should be stamped with that expiry date.

Thats all.
 
talkative said:
If you got your 797 while you were in the US, you should have got a new I-94 with that. So if the I-94 given at port-of-entry is based on old 797 (and hence for shorter duration), I would guess the new I-94 that came with your new 797 should keep you legally present. This is my GUESS.
Click to expand...
The newly issued I-94 would supersede the old I-94 with the later date.
 
H4-facing a typical problem

I am on h4 and I left india with the visa of company A.Since company A's visa had not expired I came into US with company A visa.Though I had the 1-797 form of company B(then employer of my husband) I didn't show as I had no idea of I-94 to be shown at the port of entry and I was given a stay till oct 2003.Now that my husband moved from company B(visa expiring july 31 2004) to company C I was not given an extension as they said it was illegal.Does it mean I was out of status though I have a the I-797 form of company B valid till july 31 04 .We are going to India for getting the visa revalidated for company C though I was not given an extension.Will there be problems for me.Was my stay illegal .Please kindly post ur replies...Will I be able to join my husband if his visa with company C is revalidated at the kokata consulate.
 
well please note one thing the entry is determined by visa nand legal stay determined by I-94. if you did not apply for extension prior to expiry of new I-94 then yes you were out of status since then. But if u r granted a visa at consulate you might be able to enter.

In future remeber that visa stamp is like a ticket that lets you in the country. But you still have to book into the hotel USA, how long is detremined by I-94 so put a reminder for I-94 expiry date and file for extension before that
 
Last edited by a moderator:
You must log in or register to reply here.
Top