H1 Travelling to India

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Want GC Soon

Registered Users (C)
GC Guru's,
I have a situation. I have a H1B stamped valid until 2006, but now I have a new H1B valid till 2005.

My question is:

1. Can I travel to India and enter with the old visa even though I dont work for that company(visa valid till 2006) and show my new H1B petition at the port of entry?

2. Do I need to give my new I94(which I received from the current company - visa valid till 2005) when I depart US.

3. Do, I need to get the new visa stamped in Washington DC before travelling to India as I see that you can apply for revalidation of US Visa in DC only before it expires on your passport, is it true?

4. I have AP and EAD though but dont want to use them.

5. If I enter back into US again on AP, can I still keep working on H1B(valid till 2005).

Sorry for so many questions. Appreciate all your feedback.

Want GC Soon :)
 
Answers...

GCGuru,

>> Read my answers to your questions.

GC Guru's,
I have a situation. I have a H1B stamped valid until 2006, but now I have a new H1B valid till 2005.

My question is:

1. Can I travel to India and enter with the old visa even though I dont work for that company(visa valid till 2006) and show my new H1B petition at the port of entry?

>>
Yes you can travel on a valid stamp irrespective of which employer it is from as long as you have a valid H1 approval notice with you. Infact if
you try to get a stamp, it will be denied till the current stamp i svalid.
>>

2. Do I need to give my new I94(which I received from the current company - visa valid till 2005) when I depart US.

>>
Yes, you have to surrender the I-94 when going out of this country. You
will get a new one when you come back. Just make sure the officer that gives you new I-94 stamps it till the date ur. H1-B notice is valid.
>>

3. Do, I need to get the new visa stamped in Washington DC before travelling to India as I see that you can apply for revalidation of US Visa in DC only before it expires on your passport, is it true?

>>
Visa revalidation is done in NVC at Missouri not at Washington. But again,
you don't need it and they won't do it.
>>

4. I have AP and EAD though but dont want to use them.

>>
Cool, just use the valid H1-B Stamp.
>>

5. If I enter back into US again on AP, can I still keep working on H1B(valid till 2005).

>>
Yes. Entry on AP does not nullify the H1 Status. You can reenter on H1
next time.
>>
Sorry for so many questions. Appreciate all your feedback.
>>
No problem....appreciation accepted :D :D
>>
 
Last edited by a moderator:
Thanks a lot

Thanks so much Will_Get_There ,
Again I wasnt clear in one answer of yours. I know that I need to surrender my I94 when I exit US, as I have travelled many times to India.

My question was do I need to surrender the I-94 that is issued by INS valid till 2006 or the I-94 that is valid till 2005?

At the port of entry do I need to let the officer know that I current company(I-94 valid till 2005) as the visa on my passport is for the company valid till 2006?

One more confusion.

Suppose I use my advance parole to enter into US, but can I still keep working for the company on H1B for which I have the approval notice until 2005?

Thanks again..

Want GC Soon :)
 
Want GC Soon said:
Thanks so much Will_Get_There ,
Again I wasnt clear in one answer of yours. I know that I need to surrender my I94 when I exit US, as I have travelled many times to India.

My question was do I need to surrender the I-94 that is issued by INS valid till 2006 or the I-94 that is valid till 2005?

At the port of entry do I need to let the officer know that I current company(I-94 valid till 2005) as the visa on my passport is for the company valid till 2006?

One more confusion.

Suppose I use my advance parole to enter into US, but can I still keep working for the company on H1B for which I have the approval notice until 2005?

Thanks again..

Want GC Soon :)
Click to expand...
Staple both I-94 and submit both to the airline staff.

Yes you can still work on H1b, even if you used AP to re-enter.
 
Want GC Soon

Thanks Jharkhandi,
I see you are a very active member in this forum. Are you an attorney by any chance. I see all your suggestions valuable. Thanks again. I would definitely like to talk to you incase if I can have your contact information.

One quick question. Can a person use a pre-approved labor that is showing Computer Science, engg or maths when he has a Chemical Engineering degree.

Thanks again Jharkhandi

Want GC Soon :)
 
No man - you embarrassed me. I am a layman like most of the membere here.

For your question - it is more about educational evaluation and how good your lawyer is and not to mention the officer who takes a look at your case. VSC is still better on these issue than NSC.

All I would suggest is that for such a case - get a good attorney and resist temptation of filing concurrently if there is even a little chance of goof-up. I don't have a better answer.
 
Thanks Jharkand, so you mean to say that filing concurrently does have a problem in this kind of a case.

But I see that cases(I 140) not filed under concurrent are not even being looked at? For an October case on I140 in Vermont, how long do you think of getting the approval.

Want GC Soon :)
 
I am not sure how good will education evaluation be for you. You should take precaution, even with expert lawyers on your side. Just meant to make your journey safe - that is all.

It is not true that singly filed 140s are not being approved. They are being processed in same order - random to a good extent nowadays. I see a better predictable timeframe for singly filed 140 than concurrently filed ones if the recent talked about memo is implemented. On the same note, CP will be more predictable in terms of time rather then 485.
 
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