H1 transfer - valid visa till Aug - traveling to India for 2 week vacation

J

jspartan0901

Registered Users (C)
Hi,

I have a valid H1B visa stamped till Aug 2011. Recently, I changed my employer and now I have an approved petition for new employer. I am planning to travel to India next month for a 2 week vacation. Do I need to go for stamping? As I said, I already have a valid visa stamped till Aug 2011.

The port of entry on my old visa was Phoenix but the new approval petition is for San Francisco. Is it fine if I travel to San Francisco with my old visa stamp?

Your help is greatly appreciated. Thank you!
 
jspartan0901 said:
Hi,

I have a valid H1B visa stamped till Aug 2011. Recently, I changed my employer and now I have an approved petition for new employer. I am planning to travel to India next month for a 2 week vacation. Do I need to go for stamping? As I said, I already have a valid visa stamped till Aug 2011.

The port of entry on my old visa was Phoenix but the new approval petition is for San Francisco. Is it fine if I travel to San Francisco with my old visa stamp?

Your help is greatly appreciated. Thank you!
Click to expand...

you can enter US before Aug 2011 with the Visa stamp that you have in your passport. at POE show the valid Visa in Passport + H1 approval notice on new employer. you should get I-94 till your new employer H1 validity. Check the I-94 validity date at POE and if mistake point it to officer.

** keep the job offer letter of new Employer and show only if asked.
 
Thanks guys.

I just noticed a comment from Rajiv on another entry:
Generally speaking, if you have never been out of status, you can travel out of USA and back without changing the visa stamp on an unexpired H-1 visa, even though you have changed employers through a valid H-1 transfer while you were in USA.
 
Thanks Ginnu. You have been very helpful. I have another question.

My approval petition has a I94 form. It says I need to give this along with my old I94 (stapled in passport) when I leave the country. I was wondering if I give the I94 with my new approval, will there be any problem as I am not going for stamping?

Your help is greatly appreciated. Thank you!
 
jspartan0901 said:
Thanks Ginnu. You have been very helpful. I have another question.

My approval petition has a I94 form. It says I need to give this along with my old I94 (stapled in passport) when I leave the country. I was wondering if I give the I94 with my new approval, will there be any problem as I am not going for stamping?

Your help is greatly appreciated. Thank you!
Click to expand...
when you depart US you are supposed to give ALL of your I-94 at airline counter before you take flight out of US so that your departure gets recorded in USCIS/CBP system . when you go out staple your both I-94 and give it to airline counter.
Keep the copy of all the I-94(front and back for your future records)
 
Hi Ginnu...can u pls answer my ques?

ginnu said:
when you depart US you are supposed to give ALL of your I-94 at airline counter before you take flight out of US so that your departure gets recorded in USCIS/CBP system . when you go out staple your both I-94 and give it to airline counter.
Keep the copy of all the I-94(front and back for your future records)
Click to expand...


///

I have a question. My current H1B is valid till 09/16/2011 on company A.

I recently went to India and got my stamping done and came to US, a week ago. So, I have new I-94.

Now, I'm planning to apply for H1 transfer to company 'B'. If I get H1 approval with company 'B' by April' 2011, then this company 'B' i-797 H1B approval copy will have my latest I-94.


If i want to go to India in May, do i need to visit stamping again on company 'B' or Can i come back on company 'A' stamp that i have in my passport till Sep' 2011.

Please clarify this for me.

Can u pls clarify this for me, ginnu??

Thanks
 
Immigrant_Sri said:
///

I have a question. My current H1B is valid till 09/16/2011 on company A.

I recently went to India and got my stamping done and came to US, a week ago. So, I have new I-94.

Now, I'm planning to apply for H1 transfer to company 'B'. If I get H1 approval with
company 'B' by April' 2011, then this company 'B' i-797 H1B approval copy will have my latest I-94.
---------------- if B H1 transfer gets approved then you will have New I-94 attached with H1 approval notice and that will be your latest I-94 according to Last Action. when B lawyer file H1 Transfer provide him Copy of your Latest I-94(front and back). Dont join new employer BEFORE you get H1 transfer approved. Employer B may say that one can join once Employer gets H1 transfer filing reciept. At this time USCIS ask turk load of documents from Employer and send RFE and USCIS can deny H1 transfer. if the past employer revokes H1 and new Employer H1 transfer gets denied then you will not have any status. Join only After you get H1 transfer approval in hand.

If i want to go to India in May, do i need to visit stamping again on company 'B' or Can i come back on company 'A' stamp that i have in my passport till Sep' 2011.
--------------------- if you have valid H1 Visa through A in your passport then you CAN come back to US with that Visa stamp and at POE show the Valid H1 Visa stamp AND H1 Transfer approval notice of B and you will get I-94 till H1 transfer approval notice validity. Keep the employer B job letter and show if asked at POE

Please clarify this for me.

Can u pls clarify this for me, ginnu??

Thanks
Click to expand...
** Keep the Copy of ALL H1 approval Notices(front and Back) and Copy of all your I-94 (front and back) for your records
 
Can you please answer

Has anybody actually travelled out of the country using old visa from old employer when they are currently working with a new employer?

jsParton0901 - what happened in your case when you came back?
 
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