H1 Visa Stamping Confusion

M

MVS1234

New Member
Hi All,

First, I apologize for taking so much of your time, but this is important to me....

I have been working in US from last 3 yrs.The visa stamped in my passport is valid till OCT-2004.(same for my spouse). In the Apr-03 I got laid off and managed to get another job nearly after 3months. So we applied in premium porc. for H1 transfer, but INS approved a new H1 (with out I-94) rather than transfer. Now my attorney says...

1. In order to put me on the payroll, I (even my spouse too) have to go OUT of the country and comeback -here again two option they are giving me..

a. I can come back using my Old STILL valid VISA by going to any country (not necessarily India, but any other like UK,Dubai to save money and make my trip short)- then in the entry time,at the airport, I can show the new visa and request for a new
I-94 or

b. The company can apply for extension with new visa for stamping and new I-94 after coming back, but I can be on pay roll as soon as I came back.

So please advice what is the best solution for me,so that I can avoid stamping in India (to avoid delays in waiting for interviews) and also to make myself to come on to payroll...

I can request my employer to start payroll with out going anywhere out of the country, but was told may cause problems during Green card process..

Please advice
Thanks in advance..
MVS
 
pls recheck with your lawyer

hey MVS.


I am in a simlar situatiionn like u.... since I coulddnt furrnish paystubs at the ttiime of my H1 transfer, my I 797 was approved without extensiion of status. In fact my old eemployer even wrote to BCIS & go my H1 petitiion rrevoked.....


As oof noow I have a viisa stamp of my old employer tttill 2006 on my PP. However , all the lawyerrs are telling me that I will have tto go back to home counnntry for visa stampiinng & than only I can worrk wiith thee neew employer....


II am a bit confused by what ur lawyer says. I belive thatt u will also have tto gett a new stamp....rather than just I 94 at the portt of entry....

pls discuss thiis with ur lawyer & do wrrittte to me back as whhat he says......
 
I have a valid H1

Hi Avaish,

The whole point here is I have a still Valid Visa (from Old Employer). Thats why my attorney advised me for just exit& entry to country to avoid delays in India.

I really don't know with revoked visa case.You may have to go and get it stamped.

-Thanks
MVS
 
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