H1 transfer issues?

[xlmicro]

Jim,Jaxen,Ginnu & others
I understand from these forums that if, applicant's paychecks are not submitted for H1 transfer (or) in response to RFE

->then BCIS will issue a I-797 without I-94.

My question is
->If a person having a valid visa stamp(old company),goes out of US and tries entering, will there be any problems at Port of Entry? Is this I-797 any different from regular one?

Please share any recent experiences.

Thanks
-Madhuri

 

[ginnu]

Jim,Jaxen,Ginnu & others
I understand from these forums that if, applicant's paychecks are not submitted for H1 transfer (or) in response to RFE

->then BCIS will issue a I-797 without I-94.

My question is
->If a person having a valid visa stamp (old company), goes out of US and tries entering, will there be any problems at Port of Entry?
Is this I-797 any different from regular one?


--- If you get H1 approval notice with out I-94 extended you have to go out and get H1 visa stamped on PP based on recent H1 approval notice and then get new I-94 based on H1visa that will be valid till the date of your recent h1 approval notice
Please share any recent experiences.
--- If you have past company Visa in passport then you will get I-94 till the validity of that visa only. At some time you have to get new H1B stamp in your passport if you don’t get I-94 with your H1 transfer from BCIS

 

[xlmicro]

Thanks Ginnu

Thanks Ginnu for your reply...
Ginnu replied --- If you get H1 approval notice with out I-94 extended you have to go out and get H1 visa stamped on PP based on recent H1 approval notice and then get new I-94 based on H1visa that will be valid till the date of your recent h1 approval notice

Please clarify the following:

If a person is having a valid visa stamp,is it ok if he goes to some nearest POE(canada/Mexico) and enter showing the new I-797(without I-94) ....get a new I-94 ?? (which may be valid till the OLD visa,i mean till April 2004)

In other words.. If a

Person A has a valid visa stamp till April 2004....he gets a new I-797 without I-94(based on assumption that he is unable to produce latest paystubs)..to start working with the new company.....->he travels out of US to say CANADA->->
He has a valid visa so using the portability clause he can enter USA with OLD company visa and New I-797->

Now what i inderstand from you is that he may be allowed inside USA but the I-94 may be valid till April 2004(instead of new I-797 validity date)..Am i correct? Iam a bit confused

The above process is to avoid the delays in Applicant's home country for new visa stamp with new I-797

Please clarify.

Thanks,
Madhuri

 

[ginnu]

If a person is having a valid visa stamp, is it ok if he goes to some nearest POE(canada/Mexico) and enter showing the new I-797(without I-94) ....get a new I-94 ?? (Which may be valid till the OLD visa,i mean till April 2004)
-------- he will get I-94 only till the date of current valid visa stamp in PP, because he did not get new I-94 extended by BCIS, if he wants to get new I-94 till the validity of new approval he needs to get H1 visa stamped in passport out of US till the validity of his new H1 approval notice

In other words.. If a

Person A has a valid visa stamp till April 2004....he gets a new I-797 without I-94(based on assumption that he is unable to produce latest paystubs)
--- he has to go out and get H1 Visa in Passport from home country then enter on H1 status and will get new I-94 till the validity of H1 visa stamp
..to start working with the new company.....->he travels out of US to say CANADA->->
He has a valid visa so using the portability clause he can enter USA with OLD company visa and New I-797->
--- he can enter with old valid visa but I-94 will be till the date he has valid Visa in PP, he goes to Canada or Mexico and applies visa and visa is denied he can not enter US even if he has valid Visa from old company he has to go straight from Canada or Mexico to home country