H1B and Expired Visa

[HIB_GUY]

My passport visa will expire in August,2003 and my H1B(I-797) is valid till Jan,2005. I know i can stay here up to One year without getting my passport revalidated. If i switch employer during that time (say in December,2003) and my new employer files case for transfer ...would that be OK for me to keep the most recent I-797 with my passport(to show my stay is legal) till i get the new I-797. I know I-797 is employer specific, and thats why i am asking if i have changed the employer, and my passport visa has also expired, would that be appropriate for me to keep old I-797 with expired visa until i receive new I-797 from INS? Just keep one thing in mind that , I have to show up at INS center for special registration in Jan,2004.
Thanks in advance

 

[nkm-oct23]

Originally posted by HIB_GUY
My passport visa will expire in August,2003 and my H1B(I-797) is valid till Jan,2005. I know i can stay here up to One year without getting my passport revalidated. If i switch employer during that time (say in December,2003) and my new employer files case for transfer ...would that be OK for me to keep the most recent I-797 with my passport(to show my stay is legal) till i get the new I-797. I know I-797 is employer specific, and thats why i am asking if i have changed the employer, and my passport visa has also expired, would that be appropriate for me to keep old I-797 with expired visa until i receive new I-797 from INS? Just keep one thing in mind that , I have to show up at INS center for special registration in Jan,2004.
Thanks in advance

You can stay in the US until the date shown on I-797 approved H petition. That has nothing to do with the visa stamp in your passport. The 1 year thing you mentioned is incorrect. Inside US, visa stamp has no legal value with regards to immigration. A visa stamp is only required to seek entry into US.

If you file for a H1 transfer, on approval you will get a new I-797 with a new I-94 in the bottom part. The date on this new I-94 will indicate your new authorized stay period. The new I-94 overrides all previously issued I-94's.

If your visa expires, you can get it revalidated (get a new visa) form State Department. Check http://travel.state.gov for more details. You will have to fill out DS-156 and other forms and pay the fees. It takes 4-8 weeks to get a new visa form State Dept. If you are subject to special registration, it can take longer.
-nkm