H1 Visa stamp and I-94

M

mrajatish

Registered Users (C)
I have H1 approval till August 2007 (with I-94 stub). I have valid US H1B visa stamp till Jan 25, 2005. I am planning on going to India in December 2004 and will be back in December (December 27th, 2004).
1. Do I need to get a new visa tamp in India - I am wanting to avoid it as I will be in India for only 10 days for a marriage ceremony.

2. At port of entry, when the new I-94 will be issued, what date will it be valid for - Jan 25, 2005 or August 2007 ? I ask this question because last time when I entered US, I was given I-94 till Jan 25, 2005 inspite of my H1 approval having I-94 till December 2005. The officer had said that he cannot give me I-94 beyond visa expiry - I think he made a mistake and I should have insisted for I-94 till August 2007.

3. If I am allowed inside US with my current visa stamp and given I-94 till Jan 25, 2005, what are my options - cross to Canada, and enter with new I-94, get new visa stamp IN Canada, other options ????

If absolutely necessary, I will go to Canada and get a stamp at Vancouver after I come back from India.

Jim, Jaxen, Ginnu or anyone who has been in similar situation please help.
 
1- No. You do not need to.
2- You should make sure that you show the imm. officer your new approval and s/he should stamp you till 8/07. If they do not talk with some higher ups.
3- If you have I-94 till 1/2005, then apply for the correction or apply for extension.
 
Further Information (will be helpful for others too)

Thanks a lot. I also talked to Immigration officer at NSC and here is what she said
1. Carry original I-797 (Approval Letter), I-129 petition copy
2. Letter Of Employment
3. Last 2 months Paystub
4. Bank Statements.

And if anyone asks any questions/does not give you new I-94 valid till end of H1B status, show them all evidence and you should be fine.
 
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